HomeMy WebLinkAbout2000-06-26 Regular Meeting and Special Called Workshop Meeting
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MINUTES OF THE REGULAR MEETING
AND SPECIAL CALLED WORKSHOP
OF LA PORTE CITY COUNCIL
JUNE 26,2000
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members ofCitv Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Norman
Malone.
Members of Council Absent: Ebow
Members of City Executive .Staff and City Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, Director of
Public Works Steve Gillett, City Secretary Martha Gillett, Finance Director Cynthia
Alexander, Assistant Finance Director Mike Dolby, Director of Parks and Recreation
Stephen Barr, Director of Emergency Management Joe Sease, Director of Administrative
Services Louis Rigby, Assistant City Attorney John Armstrong, Police Chief Richard
Reff, Purchasing Manager Susan Kelley, Golf Course Superintendent Dennis Hlavaty.
Others Present: John Nicholson, Sib Carpenter and a number of citizens.
2. Reverend Stan Jordan from Bayshore Baptist Church delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting and Special Called
Workshop Meeting on June 12,2000.
Motion was made by Councilperson Engelken to approve the minutes ofthe Regular
MeetiDl! and Special Called Workshop Meeting of June 12.2000 as presented. Second
by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, and Clarke.
Nays: None
Abstain: Malone
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
There were no citizens wishing to address City Council.
5. Council considered approving an ordinance granting a permit under Section l8-a-3 of
Ordinance no. 915, "Pipeline Transportation", being Chapter 18-a of the Code of
Ordinances of the City of La Porte, Texas, dated November 25, 1975, to construct a 12-
inch pipe line for the transportation of ethane, propane and ethylene and authorize City
Manager to execute an easement document with Lavaca Pipeline Company.
Director of Public Works Steve GilIett presented summary and recommendation.
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City Council Minutes - 6-26-00 - Page 2
Engineers from Lavaca Pipeline were present to answer City Council's questions.
City Attorney read: ORDlNANCE 2000-915-SS - ORDINANCE GRANTlNG A
PERMIT UNDER SECTION 18-A-3 OF ORDlNANCE NO. 915, "PIPELINE
TRANSPORTATION", BEING CHAPTER l8-A OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO
CONSTRUCT A 12-lNCH PIPE LINE FOR THE TRANSPORTATION OF ETHANE,
PROPANE AND ETHYLENE; PROVIDING AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Engelken to approve the Ordinance 2000-9l5-SS as
presented by Mr. GilIett. Second by Councilperson Sutherland. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
6. Council considered approving ordinances authorizing the execution by the City of La
Porte of Industrial District Agreements as outlined below for the term commencing
January 1,2001, and ending December 31,2007 - (see list below for ordinance numbers)
2000-IDA-Ol - SOUTH COAST - VAN LEER, LLC
2000-IDA-02 - DOLIMA PROPERTIES, L.P.
2000-IDA-03 - EQUISTAR CHEMICALS, L.P.
2000-IDA-04 - UCISCO, INC
2000-IDA-05 - CENT AURI TECHNOLOGIES, HV
2000-IDA-06 - ROHM AND HAAS COMPANY, BAYPORT PLANT
2000-IDA-07 - CHUSEI (U.S.A.) INC.
2000-IDA-08 - NOCS WEST GULF, INC.
2000-IDA-09 - TOM M.R., INC.
2000-IDA-IO - FlNA OIL AND CHEMICAL COMPANY
2000-IDA-Il - VAN LEER CONTAINERS, lNC.
2000-IDA-12 - NISSAN CHEMICAL HOUSTON CORPORATION
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDlNANCE 2000-IDA-(see list below for ordinance numbers)-
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE
OF AN INDUSTRIAL DISTRICT AGREEMENT WITH (see list below for names)
FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDlNG DECEMBER
31,2007; MAKING VAROUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDlNG COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDlNG FOR AN EFFECTIVE DATE HEREOF.
2000-IDA-Ol - SOUTH COAST - VAN LEER, LLC
2000-IDA-02 - DOLIMA PROPERTIES, L.P.
2000-IDA-03 - EQUISTAR CHEMICALS, L.P.
2000-IDA-04 - UCISCO, lNC
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City Council Minutes - 6-26-00 - Page 3
2000-IDA-05 - CENTAURI TECHNOLOGIES, HV
2000-IDA-06 - ROHM AND HAAS COMPANY, BAYPORT PLANT
2000-IDA-07 - CHUSEI (U.S.A.) INC.
2000-IDA-08 - NOCS WEST GULF, INC.
2000-IDA-09 - TOM M.R., INC.
2000-IDA-I0 - FINA OIL AND CHEMICAL COMPANY
2000-IDA-ll - VAN LEER CONTAINERS, INC.
2000-IDA-12 - NISSAN CHEMICAL HOUSTON CORPORATION
Motion was made by Councilperson Griffiths to approve Ordinances 2000-IDA's listed
above as presented by Mr. Joerns. Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
7. Council considered approving an ordinance authorizing an agreement between the City of
La Porte and the Bay Area Transportation Partnership, to provide transportation
management services for a one year term.
City Manager Robert T. Herrera requested Councilman Clarke give summary and
recommendation. Mr. Clarke recommended Council not approve the ordinance renewing
the contract at this time due to lack of involvement with the City of La Porte.
City Attorney read: ORDINANCE 2000-2416 - AN ORDINANCE APPROVlNG AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE
BAY AREA TRANSPORTATION PARTNERSHIP, TO PROVIDE
TRANSPORTATION MANAGEMENT SERVICES, FOR A TERM OF ONE YEAR;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDlNG COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Clarke not to approve Ordinance 2000-2416 as
presented and withdraw from further participation with Bay Area Transportation
Partnership. Second by Councilperson Porter. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
8. Council considered awarding a bid for chemical and fertilizers to Turf Industries, low
bidder meeting all specifications.
Dennis Hlavaty presented summary and recommendation.
Motion was made by Councilperson Porter to award the bid as presented by Mr. Hlavaty.
Second by Councilperson Griffiths. The motion carried.
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City Council Minutes - 6-26-00 - Page 4
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
9. The special called workshop meeting was called to order by Mayor Malone at 6:35 P.M.
The following items were discussed during the workshop session:
A. DISCUSS COMMERCIAL TRAFFIC HAULING NON-RADIOACTIVE
HAZARDOUS MATERIAL FROM USING NON-HAZMAT ROUTES TO
REACH TRUCK TERMINALSIDELIVERY POlNTS - R.T. Herrera
After much discussion and comments between City Council and Mr. Steve Bezdeck of
Vintage Petroleum, Inc., it was the consensus of City Council that this is a matter that
needs to be worked out between the City of Shoreacres and Vintage Petroleum since
Shoreacres Boulevard is the most direct access. Mr. Herrera agreed to provide Vintage
Petroleum, Inc. with a letter outlining the City of La Porte's position. The City will allow
a day by day extension until this matter can be resolved in the near future.
B. DISCUSS CHARTER PROVISIONS - K. Askins
Mr. Gay expressed concerns on the following matters:
Car allowance and expense reimbursements.
Policy and procedure regarding a council member placing an item on the agenda.
Duties of the Mayor as outlined by City Charter.
Council took a break from 8:09 P.M. to 8:20 P.M.
10. Workshop adjourned and the regular meeting re-convened at 8:50P.M.
11. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. CITY OBSERVES INDEPENDENCE DAY - TUESDAY, JULY 4,2000
B. COUNCIL RETREAT - SATURDAY, JULY 8, 2000
C. NORTHSIDE COMMUNITY MEETING - THURSDAY, JULY 13, 2000
D. REPORT ON SPRING 2000 TRAFFIC HUMP APPLICATIONS
E. SEABREEZE PARK - FOURtH OF JULY - Council directed City staff to
close the Park at the regular closing time and notify citizens who arrive the Park
will not be open for the fU'eworks display.
In addition, Mr. Herrera informed the City Council about an ambulance incident
involving the City of Shoreacres and requested they read the report they were provided.
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City Council Minutes - 6-26-00 --: Page 5
12. COUNCIL ACTION
Councilperson Porter, Gr.iffiths, Engelken, Gay, Clarke and Mayor brought items to
Council's attention.
13. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELmERATION REGARDING REAL PROPERTY, DELmERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELmERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
14. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Due to no executive session there was no action taken.
15. ADJOURNMENT
There being'no further business to come before Council, the Regular Meeting was duly
adjourned at 9:08 P.M.
Respectfully submitted,
~attj,~~
Martha Gillett
City Secretary
Passed and approved on this 10th day of July 2000.
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REOUESaR CITY COUNCIL AGENDA IT.
Agenda Date Requested: June 26. 2000
Requested By: s. Gillett ~Dep.rtmeut: Public Works
_ Report _ Resolution XX Ordinance
Exhibits:
Ordinance No 00-
Easement Document
Plat of Pipeline Route
SUMMARY & RECOMMENDATION
The Lavaca Pipeline Company has made application to install a 12-inch pipeline in the City of La Porte. The
proposed route is shown on the attached plat. The proposed pipeline will transport Ethane, Propane and
Ethylene. The request meets all requirements of the Pipeline Ordinance, and the application fee ($300) and
annual permit fee ($200) has been paid.
The proposed route crosses two parcels of property owned by the City of La Porte (Public Works and Fire
Training). The proposed route is in a current HL&P corridor, adjacent to the existing railroad ROW. Lavaca
Pipeline Company wishes to obtain a 30 foot wide non-exclusive easement from the City of La Porte for this
project. The proposed easement document and plat are attached.
Lavaca Pipeline Company proposes to pay $300 per rod for approximately 63.29 rods (16.5 feet), for a total
price of $18,987.00, for the proposed easement. The proposed easement document contains provisions that
incorporate planned, future improvements by the Harris County Flood Control District for the proposed Bay
Area Blvd. extension from Fairmont Parkway to Spencer Highway.
Action Required by Council: Approve Ordinance No. 00- approving a permit to construct a 12 inch pipeline
within the City of La Porte, and authorize the City Manager to execute an easement document with Lavaca
Pipeline Company for $18,987.00. .
Availability of Funds:
General Fund_ Water/Wastewater
_ Capital Improvement~ General Revenue Sharing
Other
Account Number: N/A Funds Available: YES NO
Approved for City CouncilAe:enda
G<~ T. H~ (g-6-.0-o0
Robert T. Herrera Date
City Manager
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ORDINANCE NO. 2000-915-SS
AN ORDINANCE GRANT~NG A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE
NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE
OF ORDINANCES OP THE CITY OP LA PORTE, TEXAS, DATED NOVEMBER 25,
1975,' TO CONSTRUCT A 12-INCH PIPE LINE POR THE TRANSPORTATION OP
ETHANE, PROPANE AND ETHYLENE; PROVIDING AN EPPECTIVE DATE HEREOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte has
received an application dated March 6, 2000, from LAVACA PIPELINE
COMPANY, requesting a permit under Section lS-A-3 of Ordinance 915,
being Chapter lS-A of the Code of Ordinances of the city of La
Porte, to construct and operate its 12-inch steel pipe line for the
transportation of ETHANE, PROPANE, AND ETHYLENE, crossing the City
of La Porte, all as shown on said application. The application of
LAVACA PIPELINE COMPANY has been reviewed by the City's Director of
Public Works, who has found that said application meets all
requ~rements of said Ordinance No. 915, and has recommended its
approval.
Section 2. The City Council of the City of La Porte hereby
approves the application of LAVACA PIPELINE COMPANY, dated March 6,
2000, and this Ordinance shall constitute a permit to LAVACA
PIPELINE COMPANY to operate said pipe lines within the City of La
Porte, all in conformance with the requirements of Ordinance No.
915, contingent upon its filing with the City of La Porte prior to
commencement of construction, copies of its permits from the Texas
Department of Highways and Transportation; Harris County; and the
Harris County Flood Control District. Any future relocation of the
pipe lines herein permitted, within the City, state, or county
rights-of-way, shall be at the sole expense of permittee.
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section 3 .
Attached to this Ordinance as Exhibit nAn,
incorporated by reference herein, and made a part hereof for all
purposes, is a plat showing an approximate 200 foot length of the
pipe line, which shall be lowered to a depth at least five feet
below the proposed ditch flow line. This area is approximately
1000 feet north of Fairmont Parkway, where a lateral ditch from Bay
Area Boulevard will be crossing the Lavaca Pipeline Company 12-inch
pipe line.
The attached drawing also shows where, and to what
extent, the pipe line shall be lowered.
Section 4. This Ordinance shall be in full force and effect
from and after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this~~~day of ~Lk)JlJ
CITY OF LA PORTE
Ik~~
Mayor
, 2000.
By:
ATTEST:
JllamOv O. (1;JJtd
Mart a A. Gillet
City Secretary
AP?Z4 tJ
Knox W. Askins
City Attorney
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RIGHT OF WAY GRANT
STATE OF TEXAS {
{
COUNTY OF HARRIS {
KNOW ALL MEN BY THESE PRESENTS:
THAT, the undersigned CITY OF LA PORTE, a municipal
corporation of Harris County," Texas,
(hereinafter called
"Grantor"), whether one or more, for and in consideration of the
sum of Ten Dollars ($10.00) in hand paid and other good and
valuable consideration, the re~eipt and sufficiency of which is
hereby aCknowle4ged, does hereby grant, bargain, sell, warrant and
convey unto LAVACA PIPELINE COMPANY, a
corporation,
its successors and assigns (hereinafter called "Grantee"), a right
of way perpetual easement to, at. any time and from time to time,
lay, construct, maintain, alter, inspect, operate, repair,
relocate, change the size of, remove and replace a 12-inch steel
pipeline and appurtenances thereto, including fittings, corrosion
control equipment, marker signs, vent posts and other apparatus
above the ground (hereinafter called "Pipeline"), for the
transportation of petroleum, petroleum products and derivatives and
any other liquids, gases, or substances which can be transported
through pipelines, Grantee to have the right to select, change or
alter the route during or prior to construction on, over, across a
thirty foot (301) strip of land situated on lands owned by Grantor
or in which Grantor has an interest in Harris County, Texas, as
more particularly described by metes and bounds on Exhibit "A", and
on a plat attached hereto as Exhibit "B".
The right of way and easement herein granted shall have a
permanent width of thirty feet (30'1), as shown on Exhibit "B", and
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as more particularly described by metes and bounds on Exhibit IIAII,
both attached hereto and made a part hereof. In addition, Grantee
shall have the right to use such addi tional space as may be
necessary for the construction, maintenance and repair of the
Pipeline along the route of same. Grantee agrees, at the time of
construction, to bury said Pipeline (except for fittings, corrosion
control equipment, marker signs, vent posts and other apparatus) to
a depth of at least forty-eight inches (48").
Grantor further grants and conveys unto Grantee the right of
ingress and egress on, over, across and through said thirty foot
(30') strip of land for all purposes necessary or incidental to the
exercise of the rights herein granted.
Grantor reserves the right to use and enjoy said lands except
as may be necessary for the purposes herein granted, provided
Grantor shall not construct or permit to be constructed any house,
structure, reservoir or other obstruction or excavation on, over or
within said permanent right of way and easement and will not change
the grade over any Pipeline constructed hereunder; however, Grantor
specifically reserves the right for perpendicular crossings of
Grantee's Pipeline with pipelines, roads, streets, driveways, rail
spurs, water lines, sewer lines and other utilities or facilities,
and any other use of the property not inconsistent with Grantee's
non-exclusive rights under this Right of Way Grant.
The consideration recited above, shall constitute the full
consideration for the right of way and easement herein granted, and
for normal construction damages. Grantee further agrees to pay for
all damages to growing crops, fences and timber on said land which
may be caused in the future by the exercise of the rights granted
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hereunder, provided that after the Pipeline has been constructed,
Grantee shall not be liable for damages caused by keeping the said
right of way area clear of trees, undergrowth, brush and
obstructions.
Any payment provided for hereunder may be made by check or
draft to Grantor. If mailed, such payment shall be considered made
as of the date of mailing thereof to Grantor or to said agent. (No
change in the ownership of the land affected by this Grant shall
affect payment hereunder until thirty (30) days after Grantee shall
have recei ved a copy of a recorded instrument evidencing such
change. )
This Right of Way Grant shall be governed by, and subject to
the terms and provisions of Chapter 18-A "Pipeline Transportation"
of the Code of Ordinances of the City of La Porte, Texas, and City
of La Porte Pipeline Permit Ordinance No. 2000-915-55.
The terms and provisions hereof shall be binding upon and
shall inure to the benefit of the heirs, personal representatives,
successors, and assigns of Grantor and Grantee, and Grantee is
expressly granted the right to assign this right of way and
easement, or any part thereof or interest therein, and the same
shall be divisible among two or more parties as to any right or
interest created hereunder.
This agreement may be executed in counterparts and shall be
binding upon each party executing any counterpart. Each such
counterpart so exec~ted shall have the same force and effect as an
or~ginal instrument as if all of the parties to the aggregate
counterparts had signed in the same instrument. Signature pages
and acknowledgments from separate counterparts amy be combined and
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attached to one counterpart for recording purposes.
This agreement is the result of open and extended negotiations
between the parties hereto, each party having contributed toward
the drafting hereof, directly and/or by counsel. To the greatest
extent allowed'by law, there shall be no application of the rule of
construction of documents against the drafter.
The acceptance by Grantee of this agreement and its consent
thereto are evidenced by its payment to Grantor of the
consideration first recited above.
This agreement, as wri tten, covers the entire agreement
between the parties and no other representations or agreements,
written or oral, have been made modifying, adding to or changing
the terms hereof or inducing the execution hereof and the person
obtaining this agreement on ;behalf of Grantee has no authority to
make any promise, agreement or representation not expressly set
forth herein.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns,
forever or until released by a recordable instrument.
In witness
~
whereof this instrument executed this~b~day of
, 2000.
CITY OF LA PORTE
By: ~T.~
Robert T. Herrera
City Manager
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ATTEST:
1J/J~I'1~ 1/ .-tI<<[l1{"
ar ha A. Gille t
city Secretary
Knox
City
STATE OF TEXAS {
{
COUNTY OF HARRIS {
This instrument was acknowledged before me on the L '7 day of
~ , 2000, by Robert T. Herrera, City Manager of the
CITY OF LA PORTE, a municipal corporation, on eha f of said City.
~
tary Pub11C, State of Texas
l~~""~" JANIS H. GOULDER
~~ rl MY COMMISSION EXPIRES
~"'\ . 'I December 27,2003
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HARRIS COUN~ TEXAS
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RICHARD PEARSALL S~Y, A-625
THE: CI'TVfOF LA PORTE:
TR~CT NO. HA-37
CENTERUNE IS 1,O~25 FEET OR 63.29 RODS LONG
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T. W. LEE SUBOIVSlON
VOL. 531, PG. 306
VOL 531, PG. 277
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POINT OF EXIT
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I. ALL IlEARINGS. DISTANCES AND COORDINATES ARE REFERENCED
TO tHE "TEXAS STAlE Pl.ANE COORDlNAlE SYSTDI". SOUtH
CEHlRAL ZONE. NORtH AMERICAN DAtuM aF 1.83. tHE GRID
f"ACTOR USED WAS 0..lIlIlI4. tHE OEED CAI.L BEARINGS ARE
NOlED f"OR GRID BEARINGS C:OWPARlSON;
2. A CEH1ERIJNE DE5CRJP1ION WAS PREPARED BY tHE 5UR1IEYOR
IN CCNJUNCnON l1IltH tHIS PLAT.
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EXHIBIT "B"
LAVACA PIPE UNE COMPANY
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Ex.t "A"
Dwg. No. FPA-001-8574
Tract No. HA.37
The City of LaPorte
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Harris County, Texas
Being the description for the centerline of an easement 30 feet in width, said easement
lying and situated in Harris County, Texas and being out of the Richard Pearsall Survey,
Abstract No. 625 and being located on that tract described in conveyances to the City of
La Porte as recorded under the following Harris County Clerk's File No.'s. G092632,
G092633, G092634, G092635, K867743, of the Deed Records of Harris County, Texas,
and said centerline being more particularly described as follows:
BEGINNING S' 86044'00" W, 94.85 feet from the recognized southeast comer of the
aforesaid referred to the City of LaPorte tract, also being on the north line of a tract
described in a conveyance to Davi~ C. Angel, as recorded under Harris County Clerk's
File No. T549513 said POINT OF ENTRY having coordinates N13811470.71 and
E3225963.68;
THENCE N 03003'12" W at 1,044.25 feet intersect the north line of said City of LaPorte
tract, also being on the south line of a tract described in conveyances to. Mattie K.
Carter as recorded in Volume 531, Page 306 and Volume 531 Page 277 of the Deed
Records of Harris County, Texas and being the POINT OF EXIT of said easement
centerline and having coordinates N13612513.46 and E3225906.06: said point bearing'
S 86044'28" W, 95.19 feet from the recognized northeast corner of the aforesaid
referred to City of LaPorte tract.
This centerline contains 63.29 ro~s, more or less.
Note:
The bearings, distances, and coordinates used in this description are based on
Texas State Plane Coordinates, South Central Zone, Lambert Projections,
NAD83.
See attached plat, EXHIBIT "B", for further references.
II
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; ~: 8MB LAVACA PIPE UNE PROJECT
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VICINITY MAP'
12" PIPELINE CROSSING
H_S CCUNlY, CITY OF LA PORTE n:XAS
1-[ IPRll.L "0. I DIIG, "0. ~
SHOWN FPC-OOI FPB-OC)1-8203 I 1
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'BMH TITLE SPEC. NO. REV, NO.
Eaglecon e e FPA-001-8145 0
PIPELINE SHEE, NO.
Lavaca Pipe Line DESIGN DATA SHEET 2of2
Company DATE
12" Petrochemical 04/26/00
Pipeline JUI:'NU.
FPC-001
Proposed "Bay Area Blvd. Extension" Ditch Crossing
1.0 GENERAL INFORMATION
1.1 Applicant: Lavaca Pipe Line Company
P.O. Box 700
Point Comfort, Texas 77979
1.2 Product: Ethane, Propane & Ethylene
1.3 Project Name: Lavaca 2000 North Pipeline
. .
2.0 PIPELINE DESIGN DATA
2.1 Design Codes: American Society of Mechanical Engineers
B31.8
Gas Transmission and Distribution Pipina Systems
Code of Federal Regulations
Title 49 Part 192
Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards
Railroad Commission of Texas, Gas Services Division
Pipeline Safety Rules and Reaulations
2.2 Design Pressure: 2,160 psig
2.3 Test Pressures: 3,240 psig
3.0 LINE PIPE AND CASING PIPE DATA
CARRIER PIPE
3.1 Outside Diameter: 12.750"
3.2 Wall Thickness: 0.438"
3.3 Specification: API 5L Gr. X6S
3.4 Specified Minimum Yield Strength: 65,000 psi
3.5 Material: Carbon Steel
3.6 Process of Manufacture: ERW
3.7 Coating: FBE
3.8 Casing None
4.0 CATHODIC PROTECTION
4.1 Line Pipe: Rectifier Impressed Current
5.0 CONSTRUCTION METHOD
5.1 Open Cut
EEC-301 (Rev. 1198)
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City of La Porte
Established 1892
May 23, 2000
Leonard Walker
Vice President
BNH Eagleton, Inc.
3900 Essex, Suite 300
Houston, Texas 77027-5133
,.
Re: Lavaca Pipe Line Company
Proposed 12" Petrochemical Pipeline Project
Dear Mr. Walker:
The City of La Porte has reviewed your latest letter regarding the above referenced
project. The documents submitted have been reviewed and approved by the City
Engineer. However, the proposed route along the Reliant Energy easement will require
more than permission from Reliant. This is an easement, and you must obtain easements
from each property owner along the route, in addition to Reliant. The City of La Porte is
one of those property owners.
In order to complete the processing of this permit, Lavaca Pipe Line Company must
prepare a metes and bounds description and easement document for each parcel of land.
Additionally, they must request an easement from the City of La Porte for that portion of
the Project that crosses CLP property. Until all easements, including the CLP easement,
is procured, the Ci~ of La Porte cannot process the pipeline permit request.
Jfyou have any questions, please contact myself or Doug Kneupper, P.E., Director of
Planning at 281-471-5020.
Sincerely,
s?1l!? .
Director of Public Works
C Doug Kneupper, Director of Planning
Martha Gillett, City Secretary
P,O, Box 1115. La POl1e, Texas 77572-1115 · (281) 471-5020
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RRQITRS.R CITY COIJNCn, AGRNDA ITFe
Agenda Date Requested:
Department: Aclmjni~tratjnn
Requested By:
Ordinance
Exhibits:
1. 12 Ordinances and an Industrial District Afeement
SUMMARY & RRCOMMRNDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for another
seven-year period. The current agreements will expire December 31,2000.
The City mailed 60 Industrial District Agreements in March 2000. Twelve industries have returned executed
agreements complete with Exhibits A, B, & C. Those (12) will be considered by City Council for execution. The
other agreements will be presented to City Council as they are received and reviewed by City staff.
For your information, a memo is enclosed detailing the status of the 32 Industrial District Agreements received
thus far.
Staff recommends City Council authorize the execution of Industrial District Agreements with the following
industries:
. South Coast-Van Leer, LLC
. DoUma Properties, L.P.
. Equistar Chemicals, L.P.
. UCISCO, Inc.
. Centauri Technologies, HV
. Rohm and Haas Company, Bayport Plant
. Chusei (U.S.A.), Inc.
. Noes West Gulf, Inc.
. Tom M.R., Inc.
. Fina Oil and Chemical Company
. Van Leer Containers, Inc.
. Nissan Chemical Houston Corporation
Action Required by Council:
Consider approval of Ordinances 2000-IDA-01 through 2000-IDA-12 authorizing the execution by the City of
La Porte of the Industrial District Agreements listed above.
Availability of Funds:
_ General Fund- WaterlWastewater
_ Capital Improvemenl......- General Revenue Sharing
_ Other
Account Number:
Funds Available: YES NO
Approved for City C:ouneil Agr-nda
Robert T. Herrera
City Manager
Date
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f CITY ,OF LA PORTE
I N T E R: 0 F. F Ie E M E M 0 RAN 0 U M
June 19, 2000
TO:
John Joems, Assistant City^ ~~ager
Crystal Scott, Secretary IT (J1V4'
FROM:
SUBJECT:
.Industrial District Agreements (Series 2001-2007) Status
Per your request, I have completed an update of the Industrial District Agreements (IDA).
. The City mailed 60 IDA's.
. We have received 32 IDA's.
. We have mailed 25 letters to industries regarding missing IDA information (i.e.
Exhibits "A" and/or "B").
. The Planning Department has reviewed 20 Exhibits "A" & "B".
o 12 Exhibits "A" & "B" were sufficient and in order.
o The City will send letters to 8 companies regarding insufficient exhibits.
. 12 IDA's have been sent to the law office for ordinances to be prepared.
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DUE TO THE VOLUME OF THE INDUSTRIAL
DISTRICT AGREEMENTS - 2000-IDA-Ol IS ENCLOSED
FOR YOUR REVIEW - ALL OTHER AGREEMENTS
MAY BE REVIEWED IN THE CITY SECRETARY'S
OFFICE
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ORDINANCE NO. 2000-IDA-01
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTH COAST - VAN LEER, LLC,
FOR THE TERM CODENCING JANtJARY 1, 2001, AND ENDING DECEMBER 31,
2007; MAltING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
SOUTH COAST - V~ LEER, LLC has executed an
industrial district agreement with the city of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
;. ."
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city C9uncil was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof 'has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
By:
CITY OF LA PORTE
~~~~
rman L. Mal ,
Mayor
ATTEST:
~ Qil~jt~
City Secretary
AP~zJ
Knox W. ASkins,
City Attorney
2
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IV' - ! . . '.J . ".
NO. 2000-IDA-~. {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
"-..
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and South Coast - Van Leer. LLC
, a npl ;:It.J.<ITP, T ;m; ~..(1 T.; ::In'; 1; ~y ~1PJP, hereinafter
called "COMPANY", . Company,
W I TN E SSE T H:
. ___.._ . ... ..WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, city has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the 'expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of city'referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and' made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/ or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any port;ion of the Land has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for " in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simil~r form. The properties' which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection 0, of this
Paragraph III ( sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cum~lated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
'1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would. be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of city,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tan~ible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had .been within the corporate limits of City and
appraised each year by the city's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between city and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, "'plus (b) the total amount of the "in lieu of
taxes II on the unannexed portions of Company's hereinabove described
property which would be due to Ci ty in accordance wi th the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be. given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submi t the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company~ one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on company's above described
property, all improvements. thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the' event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
South Coast - Van Leer Texas, LLC
~ (COMPANY)
--1,L..- 4Yl~k L:~
Name: Rnhin M..,.t-in
Title: Vice President
Address: 7401 Wallisville Rd.
Houston, Tx 77020
ATTEST:
~h{}.,a f1j{lAJ
Cit Secretary
CITY' OF LA PORTE
By: /~e~~
yor
~w~
Knox W. Askins' ...
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: ~~ T \\ .wvu;~
Robert T. Herrera
City Manager
CITY' OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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Exhibit "A"
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TRACT 1
LEGAL DESCRIPTION
A tract ofland containing 10.444 aces being a part of Lots 13 and Lot 14, Strang Subdivision
according to the map or plat recorded in Volume 75, page 22 of the Deed Records of Harris
County, Texas, said 10.444 acre tract being a portion of that same tract as per deed recorded
in Harris County Clerk's File Number E796776, all being out of and a part of the Enoch Brinson
Survey Abstract Number 5, Harris County, Texas, and being more particularly described by
metes and bounds as follows:
Beginning at a found brass cap rod in concrete marking the southeast comer of said Lot 13, the
southwest comer of Lot 12, also being the southeast corner the herein described tract;
Thence South 87 deg. 05 min. 47 sec. West along the south line of Lots 13 and 14 of said Strang
Subdivision for a distance of 1031.89 feet to a found 5/8 inch iron rod for comer marking the
southwest comer of the herein described tract and of said Lot 14;
Thence North 03 deg. 00 min. 55 sec. West along the west line of said Lot 14 for a distance of
130.54 feet to a for corner; .
Thence North 87 deg. 04 min. 55 sec. East for a distance of 326.58 feet to a 5/8 inch iron rod set for
corner;
Thence North 03 deg. 08 min. 53 sec. West for a distance of398.50 feet to a 5/8 inch iron rod set
for corner;
Thence North 87 deg. 04 min. 55 sec. East for a distance of585.00 feet to a point for corner;
Thence North 03 deg. 08 min. 53 sec. \\Test for a distance of326.50 feet to a 5/8 inch iron rod set
for comer in the South line of Strang Road, based on a 50 foot width;
Thence North 87 deg. 04 min. 55 sec. East along the South line of said Strang Road for a distance
of120.00 feet to a 5/8 inch iron rod found for comer, marking the Northwest corner of Lot 12 and.
the Northeast comer of Lot 13;
Thence South 03 deg. 08 min. 53 sec. East along the common line of Lots 12 and 13 for a distance
of855.81 feet to the Place of Beginning.
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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Exhibit "B"
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TRACT 2
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"EXHIBIT e"
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One'freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-Of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway ,146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
paqe 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere wi th the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulatio~s of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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May 3, 2000
City of La Porte
Established 1892
i~~:~, : :i:;~.: ,
. . J i,
:i. . .ASST. CITY MANAGER
" OFFICE
South Coast Terminals LP
Attn: Tax Department
10900 Strang Road
La Porte, Texas 7757-1
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Gentlemen:
Two executed originals of the Industrial District Agreement (IDA) were received from you on May 1,
2000. While reviewing the documents for completeness, we noticed the 2 sets of the metes and bounds
legal description was not titled "Exhibit A." With your concurrence we will title this exhibit as
"Exhibit A. "
Also, we noticed 2 sets of the site layout were not titled "Exhibit B." With y~ur concurr~nce we will
also title this exhibit as "Exhibit B."
Please indicate your acknowledgement and agreement by signing and returning this letter. Once these
matters are resolved we will present these documents to City Council for approval and we will return
an original set to you. If you have any questions or concerns regarding this matter call John Joerns at
(281) 471-5020;
Thank you for your cooperation in this matter.
$U1Ct:i't:iy, -.
G~ T, ~~
Robert T. Herrera
City Manager
Title Exhibit "A"
Title Exhibit "B"
[g
[BV
No
D
D
South Coast - Van Leer Texas,LLC
By:
Name: ~obiu Martiu
Title: Vice President
Address: 7401 Wallisville Rd.
Houston, Texas 77020
P:Q, Box 1115 · La Porte, Texas 77572-1115 . (281) 471-5020
.
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Planning
Department
00- ~ @rn-'o'-w('I{i"':
--1 : .'
, '.
MAY I I 3D) . ~;
Memo
ASST. CITY MANAGER
OFFICE
I
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. To: John Joerns, Assistant City Manag~J_,_ /'
From: Doug Kneupper, Planning Directo~
CC:
Date: 05/10/00
Re: Dolima Properties, IDA
I have reviewed the metes and bounds desaiption (Exhibit A) and the survey map
(Exhibit B) for the referenced company. The exhibits identrfy the same parcels which
are located wholly within the City's Bayport Industrial District.
. Page 1
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ORDINANCE NO. 2000-IDA-02
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH DOLIMA PROPERTIES, L. P., FOR
THE TERM CODENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007;
MAKING VARIOUS FINDINGS .AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. DOLIMA PROPERTIES, L.P. has executed an industrial
district agreement with the city of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the' industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time requireQ by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
,'.
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
~ llikhnJt ~1WJ
artha A. Gillett
City Secretary
CITY OF LA PORTE
By:
2
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NO. 2000-IDA-. 02 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS,' a municipal corp-oratiop of rris COJ.1nty rJ
Te~as, hereinafter cal~ "C~;:Y:' and JJe'L In n~ ~~nt.'""'s r
. , a 7 e,cN-V corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, .Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit ItB", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City'referred to above, City and Company hereby agree
with each other as follows:
J'I!lAL DRAI''!' : I'e))ruary 24, 2 000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by city, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Tex~s Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Leqislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
. improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City' s selection. The parties recognize that in
making such appraisal for II in lieu II payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contail)ed shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediatelY preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III ( sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and address~s of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the cl,lrrent calendar year ( "Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which' would be payable to Ci ty if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and .
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each ,Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
J~nuary 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes o.f this Agreement, mul tiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicab1e Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in .accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and, 3 reduced by the amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
. purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, 'plus (b) the total amount of the "in lieu of
taxes" on the Unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests; and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value 'of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. lf, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to. final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during. the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher. '
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation. of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agre"ement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land,"and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduiy restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the' event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
Name:
Title:
Address:
By:
ATTEST:
~ O. Hmtl
CJ. Secretary
By:
~
' N n ~. Mal
Mayor
w. AskJ.ns
Attorney
of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
@~~ 1: \.leJ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~'2047
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EXHIDIT"A"
Tract One
METES AND BOUNDS DESCRIPTION
14.3012 ACRE TRAcr
A tract orland containing 14.3012 ac;'CS being part oFe.nd out ofa 29.5749 Acre
oulof a 62.9303 Ac:'CTract being part ofand out ofthc residue orca.IIed Tract n
(117.281 Af:fC Tract) as d=:rlbed in County Cle:k'~ File R276416 of the OfficisJ Public
Records of Real Propcny of Harris County, Texas (OPRRPHC), and being part orand out
of the William M. Jones SU1"VCy; AbstraCt No. 482!t1d the G. B. McIGnstty Survey.
Abstract No. 47. In F..arrls County, Texas; said 14.3012 ac:cs beinS.more particularly
d~c.;bed by metes and bounds as fOnOW3:.
. BEGINNING. at thc' SouthcsSt comer of said Tract II, same being the Southeast
corncrofsmd 62.9303 Acre Tract, on the westerly line of Bay Park Road (100 fect wide),
from which ::l found SI8-inch iron rod Copped coppaweJd rod ma.rked #2827) bears
witness at S 08 deg. "39' 3'r.E, a distaoc: of 1.60 feet;
THENCE, S 87 deg. 31' 4O".W, along the southe.~y line ofsaid19.5749 Acre
Tmct, same being the southerly line of said Tract n, for a distan~ of 1,399.91' feet to 5/8-
inch iron rod set for corne:;
. .
. THENCE, N 02 deg. 27' 59" W, for a distEnce. of 445.00 feet to a point for
corner;
'.
'. TI-iENCE, N 87. deg. :; 1 ' 40" E, for a distance of I ,399.91 feet to a point for
corner; on the westerly line of Bay Park Road (100 fe:t wide);
TIiENCE, S 02 deg. 27' 59" E, along the westerly line ofBny Park Road (100 feet
widc), for a distana: of 445,00 feet to the POINT OF BEGINNING, of a tract containing
14.3012 aCres orland.
Page 1 ot 2 Pagec
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Tract TW-2
A tract ofland containing 1.0251 acre being oUl of a 62.9303 Acre True!, being
part of and out of the residue of called Tract II (117.281 Acre Tract) as described in
County Clerk's File R276416 of the Official Public RoconIs ofRe81 Property ofEams
County, Texas (OPRRPHC), and being part of and out of the William M. Jones Survey
Abstract No. 482 and lbe G. B. McKins1ry Survey, Abstract No. 47, in Ranis County ,
Texas; said 1.0251 acre being more particularly desCIibed by metes and bounds as '
follows:
. COMMENCING althe South~ comer of said !ract.IT, on the westerly line of
Bay Park; Road (100 feet wide), from which a found Sl8-mch IrOn rod (capped
copperweld rod mm:ked #2827) bears witness at S 08 <leg. 39' 37" E, a distance of 1.60
feet;
TIffiNcE; S 87 dog. 31' 40' W, along the southerly line of said 62.9303 Acre
Tract, for a distance of i,3 99.91 feet to a Sl8-inch iron rod set for the Southwest corner 0 f
a 29.5749 Acre Tract, and being the PLACE OF BEGINNING; .
THENCE, S 87 deg. 3.1 ' 40" W, continuing along the southerly line of said
62.9303 Acre Tract, for a distance of 414.62 feet to the Southwest comer of said Tract IT,
on the Northeast line ofHanis County Flood Control District (HCFCD) 230 foot wide
easement for Big Island Slough as described in Volume 4860, Page 268 and VOlume
8260, Page 124 of the Hams County Deed R=rds, from which a found Sl8:inch iron rod
bears witness at S 3~ deg, 49' 33" W, a distance of 1.49. feet;
THENCE, N 34 deg. 59' 39" W, along the NorJIe3St line of said HCFCD
easement, for a distance of 118.60 feet to a Sl8-inch iron rod set for cOmer;
lRENCE, N .87 deg. 31 t 40" E, for a distance of 478.39 feet to a S/S-Inch. iron rod
set for comer, on the westerly line of the aforesaid 29.5749 Acre Tract;
. .,
TIiENCE, S 02 deg. 27' 59" E, along the westerly line of ~d.29.S749 Acre
Tract, for a distance oflOQ,OO feet to.!he.PLACE OF BEGINNING; Of &: !ract containing
1.0251 acre ofIand.. .
Page 2 of 2 Pages
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EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND DOLlMA PROPERTIES, L.P.
1. City and Company agree that the real property of Company, more
particularly described on Exhibit "A" of this Industrial District
Agreement, is presently unimproved, and unannexed to the City,
except for existing "strip" annexations, if any. City and Company
further agree that Paragraph I hereof is hereby amended, to provide
that during the term of this Industrial District Agreement, and for
such period of time that said real property remains unimproved,
that City will not annex said property; provided, however, ci ty
reserves the right to conduct "strip" annexations as may be
required by law in connection with annexation of land other than
that owned by Company. Company agrees to render to City and to pay
as "in lieu of taxes" on Company's said unimproved land, an amount
equal to the sum of 100% of the amount of ad valorem taxes which
would be payable to City if all the hereinabove described property
of Company had been within the corporate limits of City and
appraised each year by City's independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain
in full force and effect. during the term of this Industrial
District Agreement; provided, however, at such time as Company
commences improvements to Company's hereinabove described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company's land, improvements, and tangible personal
property on the above described property, in accordance wi th
Paragraph III of this Industrial District Agreement.
3. Company agrees that the real property of Company herein
described shall not be used as a site for commercial hazardous
waste incineration, i.e., incineration of hazardous wastes
generated offsite; provided, however, City does not waive its
rights reserved under Paragraph I of this agreement.
4. Except as amended by the terms and provisions of this Exhibit
"A-1", the terms and provisions of the Industrial District
Agreement, to which this Exhibit "A-1" is attached, shall remain in
full force and effect for the term of this Agreement, expiring
December 31, 2007.
ENTERED INTO effective the 1st day of January, 2001.
DO LIMA PROPERTIES, L.P.
By: Na~~~/-
Title: B e.sl.l) /!?#7
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"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective .visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"BUIBI'l' e"
Page 2 of 2
c) A screening plan, to be approved by the city, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and Shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available .or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways 'opening from said strip of land onto state Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways. opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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FROM THE DESK OF
-~
_1--
-
JOHN JOERNS
May 9, 2000
FROM:
TO:
Doug Kneupper, Director of Pia
John Joerns, Assistant City
SUBJECT:
Attached is the IDA for Dolima Properties. This firm has provided both Exhibits "A" &
"B". We will hold the other IDA's until we receive their Exhibits "A" and "B".
Please review the metes and bounds description (Exhibit "A") and the map (Exhibit "B")
for conformity. Once the exhibits are reviewed, please note your findings in writing
and return the exhibits to Crystal. Also, these exhibits are originals, therefore, please
be careful to return all information sent to you.
Thank you for your cooperation.
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fO) ~ @ ~ 0 WI ~ 1m
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International Distribution Corp.
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March 28'1\ 2000
Mr. Robert T. Herrera, City Manager
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77572-1115
Tel: 713 471 5020
Dear Mr. Herrera:
The information you requested, in regard to the proposed seven-:year Industrial District Agreement with
The City of La Porte is enclosed,
Please feel free to call me with any questions.
Very truly yours,
~
Douglas D. Walt, President
DOLlMA PROPERTIES, LP.,
DW:uc
Encl.
SERVING THE CHEMICAL INDUSTRY SINCE ~977
13103 BAY PARK. PASADENA, TEXAS 77507. PHONE: (713) 645-4080 ~ FAX: (713) 645-2414
\
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International Distribution Corp.
March 28th, 2000
Mr. Robert T. Herrera, City Manager
L7TY OF LA PORTE
P. 0, Box 1115
La Porte, Texas 77572-1115
Tel: 713 471 5020
Dear Mr, Herrera:
The information you requested, in regard to the proposed seven-year Industrial District Agreement with
The City of La Porte is enclosed,
Please feel free to call me with any questions.
Very truly yours,
~
Douglas D. Walt, President
DOLIMA PROPERTIES, LP.,
DW:uc
Encl.
rB) (CCEDWlCrn\
m1 MAR 3 0 2000 lW
CITY MANAGER"
OFFICE
SERVING THE CHEMICAL INDUSTRY SINCE 1977
13103 BAY PARK. PASADENA, TEXAS 77507. PHONE: (713) 645-4080. FAX: (713) 645-2414
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ORDINANCB NO. 2000-IDA-03
AN ORDINANCB AUTHORIZING THB BXECUTION BY THE CITY 01' LA PORTE 01'
AN INDUSTRIAL DISTRICT AGREEMBB'l' WITH EQUISTAR CHEMICALS, L. P., POR
THE TERM CODENCING JANUARY 1, 2001, AND ENDING DECBKBBR 31, 2007;
MAKING VARIOUS PINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
PINDING COMPLIANCB WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
BPPBCTIVE DATE HEREOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
EQUISTAR CHEMICALS, L.P. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The city council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
~a}/~
a a A. G111ett
City Secretary
CITY OF LA PORTE
BY:~~~ ~
~ man~. al ,
yor
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NO. 2000-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
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ASST. CITf MANAGER
OFFICE
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and EQu'~T,4~ t.He~Ic.AL~1 L. p.
, a JSL.AwAU P.4Il..TN~~SHIP eeJ:~era:tief'1, hereinafter
called "COMPANY",'
WIT N E SSE T H:
WHEREAS, it is the established policy of the City council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownerShip boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and .
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within. said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City"referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, 'or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or State
Highway 146, .shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the un annexed area
shall be conducted by City, at City's expense, by an independent
appraiser of ci ty' s selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land', improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, tprough and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of sUbsection 0, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of,Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to city a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in 'storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current' calendar year ("Value
Year"). '
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by city's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following comple~ion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the. amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests~ items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicabie Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of Texa.s which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between city and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, :'plus (b). the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions .
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to th~
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieuJ' payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VI.I.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be he~d to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions'more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the'event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
Etpu/STA/{ t,HEM/G41.$, L. p.
(COMPANY)
By:
~e'itMl
ame: E~/G (.. YA/l.T:l-
Title: 7'fJX UJUAJ,6L, ASSIS7#n "iE~r,fA...y
Address: 1&.'2.( M e.KINNV. 57/:, '10'1>
"'ou~TrMJ. rl:"'A$ 7'70/0
.
ATTEST:
l-d1J.hJ./k 11. .1I1J:tt
City Secretary
By:
~ OF LA PORT~
~~L--'
, rman L~Malo
Mayor
~: vt
d~,
ox W. ASKins.
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
c:M~~ T,- ~-"
Robert T. Herrera
city Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
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'iBXJlIBIT A"
(Metes and Bounds Description of Land)
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Exhibit" A"
517-68-1019
TRACT 1 - 237,9632 ACRES
THE STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 237.9632 acre tract of land situated in the
Arthur McCormick League, Abstract No. 46, and the Enoch Brinson
IlA~ survey, Abstract No.5, Harris County, Texas, and being out of
.UDV~ and a part of the following tracts of land:
~ 1. Tract "A" conveyed to A-B Chemical Corporation by
~~z~~DCc3, National Distillers an~ Chemical corporation by deed
dated November 30, 1962, and recorded at County Clerk's
File Number B 607522 of the Official Public Records of
Real Property of Harris county, Texas.
A tract of land conveyed to A-B Chemical Corporation by
National Distillers and Chemical Corporation by deed
dated November 30, 1962, and recorded at County Clerk's
File Number B 607524 of the Official Public Records of
Real Property of Harris County, Texas.
A tract of land conveyed to A-B Chemical Corporation by
National Distillers and Chemical Corporation by deed
dated November 30, 1962, and recorded at County Clerk's
File Number B 607521 of the Official Public Records of
Real Property of Harris County, Texas.
A 3.658 Acre tract of land conveyed to A-B Chemical
corporation by National Distillers and Chemical
Corporation by deed dated May 15, 1978, and recorded at
County Clerk's File Number F 618875 of the Official
Public Records of Real Property of Harris County,
Texas.
A 5 acre tract of land conveyed to A-B
corporation by National Distillers and
Corporation by deed dated November 30,
recorded in Volume 4949 at Page 153 of
of Harris County, Texas.a~S~L
An 8.9517 acre tract of land conveyed to A-B Chemical
corporation by National Distillers and Chemical
Corporation by deed dated November 30, 1962, and
recorded at County Clerk's File Number B 607520 of the
Official Public Records of Real Property of Harris
County, Texas. .
A tract of land conveyed to A-B Chemical corporation by
National Distillers and Chemical corporation by deed
dated November 30, 1962, and recorded at County Clerk's
File Number B 607523 of the Official Public Records of
Real property of Harris county, Texas.
A tract of land conveyed to A-B Chemical corporation by
National Distillers and Chemical corporation by deed
dated November 30, 1962, and recorded at County Clerk's
File Number B 607518 of the Official Public Records of
Real Property of Harris County, Texas.
2.
<X-t./ 22.~oooootJ"
3 ,
()&i'l2~3 00000 '11
4 .
()(Qaf 2."2-'3 0 0 oDO 'I '2-
5 .
06"/2.'2-300000 C//
O"'l2'ZV ()DOOO /'2....
I) h t/ 2?- ci oOt:JOO II
oc,cI '2.'2-'" oOOOO~ S
1)
Chemical
Chemical
1962, and
the Oeed records
6.
7.
8.
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517-68-1020
PAGE NO.2 - TRACT 1 - 237.9632 ACRES
9.
0"'''' '2-'2-~ o~q.'
10.
~"'17.-I()OOOOII
11.
?ftJ.'" Z '2- 3 00000 3 if
12.
O&.l,002-oo5c%)B
~ tra~ts of land conveyed to A-B Chemical corporation
by Harris County Houston Ship Channel Navigation
District by deed dated October 11, 1963, and recorded
at County Clerk's File Number B 797379 of the Official
Public Records of Real Property of Harris County,
Texas. (Klein Tract, Blackwell SID Tract, C. W. Roberts
Tract, Popich Tract, Sterling D. Anderson Tract) .
out of Lots 5 through 8 of the A. o. BLACKWELL
SUBDIVISION as per plat recorded in Volume 83 at Page
343 of the Deed Records of Harris County, Texas.
Out' of Lots 39 through 42 of the STRANG SUBDIVISION as
per plat recorded in Volume 75 at Page 22 of the Deed
Records of Harris county, Texas.
A 138.5797 acre tract of land conveyed to A-B Chemical
Corporation by National Distillers and Chemical
corporation by deed dated November 30, 1962, and
recorded at County Clerk's File Number B 607517 of the
Official Public Records of Real Property of Harris
County, Texas.
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINA~ES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION,
BEGINNING at a 1/2 inch iron rod set for the Southwest corner of
this tract of land and the Southwest corner of Item No. 1 above.
This BEGINNING corner has Quantum Plant Coordinates of South
2763.41 and West 2.43, in the North right of way line of Strang
Road, 60 foot right of way, and in the East line of a 12.741 acre
tract of land conveyed to Houston Lighting and Power Company by
Edward Joseph Klein, et aI, by deed dated May 21, 1949, and
recorded in Volume 1928 at Page 380 of the Deed Records of Harris
County, Texas. From this BEGINNING corner a 5/8 inch iron rod
found at the intersection of the North right of way line of
strang Road, and the West right of way line of Miller Cut-Off
Road, 60 foot right of way, bears South 89 deg 57 min 33 sec East
1944.58 feet.
THENCE North 00 deg 02 min 31 see East with the West line of this
tract, the West line of Items No.1, 6 and 9 above and the East
line of said Houston Lighting and Power Company 12.741 acre tract
of land a distance of 2746.40 feet to a 1 inch iron pipe found
for a corner of this tract'of land, the Northeast corner of said
12.741 acre tract of land, the Southwest corner of Item No. 12
above, the Southeast corner of a 7.216 acre tract of land
conveyed to Houston Lighting and Power Company by Charles Leroy
Mudd by deed dated February 3, 1949, and recorded in Volume 1887
at Page 73 of the Deed Records of Harris County, Texas, in the
North line of the Brinson Survey and the South line of the
McCormick League.
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511-68-1021
PAGE NO.3 - TRACT 1 - 237.9632 ACRES
THENCE North 00 deg 03 min 16 sec East with the West line of this
tract of land, the West line of said Item No, 12 and the East
line of the Light Company 7.216 acre tract of land a distance of
2095.84 feet to a 1/2 inch iron rod set for the most Western
Northwest corner of this tract of land, the most Western
Northwest corner of said Item No. 12, the Northeast corner of the
Light Company 7.216 acre tract of land and the most Southern
Southeast corner of 59.7 acre tract of land conveyed to Houston
Lighting and Power Company by deed recorded in Volume 1981 at
Page 528 of the Deed Records of Harris County, Texas.
THENCE North 89 deg 49 min 51 sec East with the most Southern
North line of this tract of land, the most Northern South line of
said Item No. 12, and the South line of said 59.7 acre tract of
land a distance of 4.20 feet to a 1/2 inch iron rod set for an
interior corner of thjs tract of land, an interior corner of said
Item No. 12, and the most Southern Southeast corner of said 59,7
acre tract of land.
THENCE North 13 deg 22 min 02 sec East with th~ West line of this
tract of land, the West line of Item No. 12 above and the East
line of said 59.7 acre tract of land a distance of 1205.11 feet
to a 1/2 inch iron rod.set for.the Northwest corner of this tract
of land, the Northwest corner of said Item No. 12 and a corner of
said 59.7 acre tract of land.
THENCE South 89 deg 28 min 08 sec East with the North line of
this tract of ,land, the North line of said Item No. 12, the South
line of said 59.7 acre tract of land and the South line of a
10.024 acre tract of land conveyed to Houston Lighting and Power
Company by Alfonso F. Settlemyre, by deed dated January 5, 1951,
and recorded in Volume 2260 at Page 65 of the Deed Records of
Harris County, Texas, a distance of 1229.36 feet to a 1/2 inch
iron rod set for the Northeast corner of this tract of land, the
Northeast corner of Item No. 12 and the Southeast corner of the
Light Company 10.024 acre tract of land. This corner is in the
Southwest right of way line.of Miller Cut-Off Road.
THENCE South 35 deg 09 min 30 sec East with the Northeast line of
this tract of land, the Northeast line of Item No. 12 and~the
Southwest right of way line of Miller Cut-Off Road a distance of
745.65 feet to a 1/2 inch iron rod set for the most Eastern
Northeast corner of this tract of land and the most Eastern
Northeast corner of said Item No. 12.
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5l ('-68-1 022 .
PAGE NO.4 - TRACT 1 - 237.9632 ACRES
THENCE South 00 deg 00 min 35 see West with the East line of this
tract of land, the East line of said Item No. 12 and the West
right of way line of Miller Cut-Off Road, at 2648.51 feet set a
1/2 inch iron rod in line in the South line of the Mccormick
League and the North line of the Brinson Survey for the Southeast
corner of Item No. 12 and the Northeast corner Item No.8 above,.
continuing on with the East line of Items No.8, 9, 5 and 4 above
a total distance of 4845.48 feet to a 1/2 inch iron rod set for
the most Eastern Southeast corner of this tract of land and the
Southeast corner of Item No. 4 above. From this corner a bent
5/8 inch iron rod bears South 09 deg 32 min 16 see East 5.64
feet.
THENCE South 89 deg 44 min 48 see West with the South line of
this tract and the South line of Item No. 4 above a distance of
603.89 feet to a 1/2 inch iron rod set for a corner of this tract
of land and the Southwest corner of Item No. 4 above. This
corner is in the East line of Item No. 3 above and in the East
line of a 16.160 acre tract of land conveyed t9 Air Products and
Chemical, Inc., by A-B Chemical Corporation by deed dated May 5,
1978, and recorded at County Clerk's File Number F 599060 of the
Official Public Records of Real Property of Harris County, Texas.
THENCE North 02 deg 34 min 21 see East with the West line of this
tract, the West line of Item No. 4 above, the East line of Item
No.3 above and the East line of said 16.160 acre tract of land a
distance of 17.08 feet to a 1/2 inch iron rod set for a corner of
this tract of land and the Northeast corner of said 16.160 acre
tract of land,
THENCE South 89 deg 57 min 33 see West with the South line of
this tract of land and the North line of said 16.160 acre tract
of land a distance of 1180.02 feet to a 1/2 inch iron rod set for
an interior corner of this tract of land and the Northwest corner
of said 16.160 acre tract of land.
THENCE South 05 deg 51 min 44 sec West with the East line of this
tract of land and the West line of said 16.160 acre tract of land
a distance of 584.57 feet to a 5/8 inch iron rod found for the
most Southern Southeast corner of this tract of land and:the
Southwest corner of said 16.160 acre tract of land in the South
line of Item No. 1 above and 'in the North line of Strang Road.
THENCE North 89 deg 57 min 33 see West with the South line of
this tract, the South line of said Item No. 1 and the North right
of way line of Strang Road a distance of 101.83 feet to the PLACE
OF BEGINNING. containing within said boundaries 237.9632 acres.
It should be noted that the rights of way of 46th Street and Z
Street of Blackwell and Strang Subdivision are included in this
acreage. These streets are not open at the time of this survey
and may have been abandoned by Harris County, Texas.
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". 517'-68-1023
PAGE NO.5 - TRACT 1 - 237.9632 ACRES
SURVEYED: November, 1997.
SURVEYOR'S CERTIFICATE
I, Robert L. Hall, Jr., Reg Professional Land Surveyor No. 1610,
do hereby certify that the foregoing field notes were prepared
from an actual survey made on the ground and that all lines,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytbwn, Texas, this the 21st., day
of November, A.D., 1997.
REG. PROFESSIONAL
NO. 1610
97-1365.FDN
... . -..
. :-
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".'. 517-68-.1024
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
FIELD NOTES of a 69,6401 acre tract of land (TRACT A), a 32.6510
acre tract of land (TRACT B), and 7.4757 acre tract of land
(RAI~ROAD LAND). These tracts are situated in the William J.
Harr~s Survey, Abstract No. 29 and the Enoch Brinson Survey.
Abstract No.5" Harris County, Texas, and are or may be out of ~
part of and across the following tracts of land: '
A.
~-, -1 :" ,.ua1oz.-
B.
C.
D,
E.
F.
G.
A 46.4006 acre tract of land called Tract 7 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated December 27,
1967, and recorded at County Clerk's.File Number C
632918 of the Official Public Records of Real property
of Harr~s County, Texas,
A 6.7203 acre tract of land conveyed to Humble oil and
Refining Company by Wallace Davis by deed dated June
11, 1965, and recorded at County Clerk's'.file Number C
108879 of the Official Public Records of Real Property
of Harris County, Texas.
A 1.1202 acre tract of land called Tract 4 in a deed
from Humble Oil and Refining Company to Humble pipe
Line Company dated April 2, 1968, and recorded at
County Clerk's File Number C 689905 of the Official
Public Records of Real Property of Harris county,
Texas.
A 21.9491 acre tract of land called tract 8 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris county, Texas.
A 4.5855 acre tract of land called Tract 6 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical Corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris County, Texas. "
A 0.2639 of an acre tract of land called Tract 3 in a
deed from Humble oil and Refining Company to Humble
pipe Line Company dated April 2, 1968, and recorded at
County Clerk's File Number C 689905 of the Official
Public Records of Real Property of Harris county,
Texas.
A 1.58~1 acre tract of land Conveyed to Humble oil and
Refining Company by. Margaret Clarke Hungate by deed
dated Jun 11, 1965 and recorded in Volume 5965 at Page
387 of the Deed Records of Harris County, Texas.
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PAGE NO. 2 - FIELD NOTES
H. A 10.9402 acre tract of land called Tract 5 in a deed
from Humble Oil and Refining Company to National
Distillers and Chemical .corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris County, Texas.
I. A 71.1732 acre tract of land called Tract 3 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated December 27,
1967, and recorded at county Clerk's File Number C
632918 of the Official-Public Records of Real Property
of Harris County, Texas.
J. A 10.2936 acre tract of land called First Tract in a
deed from Ernest C. Japhet, et aI, to Humble oil and
Refining Company dated June 10, 1965, and recorded at
County Clerk's File Number C 108878 of the Official
Public Records of Real Property of Harris County,
Texas.
K. A 1.7157 acre tract of land called Tract 2 in a deed
from Humble oil and Refining Company to Humble Pipe
Line Company dated April 2, 1968, and recorded at
County Clerk's File Number C 689905 of the Official
Public Records of Real Property of Harris County,
Texas.
L. A 32.7395 acre tract of land called Tract 4 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris county, Texas.
M. A 10.43 acre tract of land conveyed to Coastal
Industrial Water Authority by National Distillers and
Chemical Company by deed dated October 29, 1976, and
recorded at County Clerk's File Number F 014216 of the
Official Public Records of Real Property of Harris
County, Texas. _
N. A 1.4287 acre tract of land called Tract 1 in a deed
from Humble oil and Refining Company to Humble Pipe
Line Company dated April 2, 1968, and recorded at
County Clerk's File Number C 689905 of the Official
Public Records of Real Property of Harris County,
Texas.
O. A 59.3790 acre tract of land called Tract 1 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical Corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of. Real Property
of Harris County, Texas.
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517-68-1026
PAGE NO. 3 - FIELD NOTES
P. A 37.3081 acre tract of land called Tract 2 in a deed
from Humble Oil and Refining Company to National
Distillers and Chemical .corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris County, Texas.
Q. An 8.5726 acre tract of land called Second Tract in a
deed from Ernest C. Japhet, et aI, to Humble oil and
Refining Company dated June 10, 1965, and recorded at
County Clerk's File Number C 108878 of the Official
Public Records of Real"" Property of Harris county,
Texas.
R. A 23.2845 acre tract of land conveyed to 'National
Distillers and Chemical corporation by Syngas Company
by deed dated December 31, 1986, and recorded at County
Clerk's File Number K 905990 of the Official Public
Records of Real Property of Harris County, Texas.
S. Lots 45 through 48 of the STRANG SUBDIVISION as per
plat recorded in Volume 75 at Page 22 of the Deed
Records of Harris County, Texas.
T. A 31.7032 acre tract of land called 'tract ItBIt in a deed
from E. I. Du Pont De Nemours and Company to Quantum
Chemical Corporation dated November 23, 1988, and
recorded at County Clerk's File Number L 967994 of the
Official Public Records of Real Property of Harris
County, Texas.
U. A 0.829 of an acre tract of land called Tract 2 in a
deed from Carl C. Patrick to Humble oil and Refining
Company by deed dated June 2, 1954, and recorded in
Volume 2796 at Page 260 of the Deed Records of Harris
County, Texas.
V. A 36.4562 acre tract of land called Parcel 3 in a deed
from E. I. Du Pont Nemours and Company to National
Distillers and Chemical Corporation dated December 31,
1986, and recorded at County Clerk's File Number K
905991 of the Official Public Records of Real Property
of Harris County, Texas.
W. Lots 1 through 4 of the A. O. BLACKWELL SUBDIVISION as
per plat recorded in Volume 83 at page 343 of the Deed
Records of Harris County, Texas.
Tract A, Tract B, and the Railroad Land are more particularly
described by metes and bounds ,as follows, to-wit:
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
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51(-68-1027
PAGE NO. 4 FIELD NOTES
TRACT A - 69.6401 ACRES
BEING out of and a part of Items I, 0, T, Sand W above and being
more particularly described by metes and bounds as follows, to-
wit:
BEGINNING at a 1/2 inch iron rod set for the Southeast corner of.
this tract of land in the East line of Item No. T and the West.
line of a 12.5678 acre tract of land called Tract 2 in a deed
from First City National Bank of Houston, Executor, to Humble
Pipe Line Company and dated August 31, 1965, and recorded at
County Clerk's File Number C 164648 of the Official Public
Records of Real Property of Harris County, Texas. From this
corner a 5/8 inch iron rod found for the Southeast corner of Item
No. T and. the Southwest corner of said 12.5678 acre tract of land
in the North right of way line of Strang Road, 60 foot right of
way, bears South 00 deg 07 min 32 sec East 766.32 feet. This
BEGINNING corner has a Quantum Coordinate Value of South 2000.00
and East 4082.12.
THENCE WEST with the South line of this tract of land a distance
of 348.55 feet to a 1/2 inch iron rod set for the most Southern
Southwest corner of this tract of land.
THENCE North 35 deg 53 min 36 sec West with the West line of this
tract of land a distance of 365.19 feet to the point of curvature
of a non-tangent curve, concave to the northeast.
THENCE in a Northwesterly direction with the West line of this
tract and said curve having a radius of 878.88 feet, a central
angle of 17 deg 50 min 25 sec,. and a chord bearing and distance
of North 32 deg 21 min 49 sec West 272.55 feet to a 1/2 inch iron
rod for corner of this tract of land and the end of said curve.
THENCE North 19 deg 31 min 43 sec West with the West line of this
tract of land a distance of 241.22 feet to a 1/2 inch iron rod
set for an interior corner of this tract of land in the North.
line of Item No. T, the North line of Item No. S the South line
of Item No. Wand in the South line of Item No. 0,
THENCE North 89 deg 58 min 11 see West with the South line of
this tract of land, the North line of Item No. T, the North line
of Item No.5, the South line of Item No. Wand the South line of
Item No. 0 and the North line of a 7.4963 acre tract of land
conveyed to Jack E. Mobley by Melvin Thomas Berry by deed dated
August 5, 1982, and recorded at County Clerk's File Number H
572352 of the Official Public Records of Real Property of Harris
County, Texas, a distance of 591.07 feet to a 1/2 inch iron rod
for the most Western Southwest corner of .this tract of land.
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51('-68-1028
PAGE NO. 5 - FIELD NOTES
THENCE North 00 deg 48 min 40 sec East with the West line of this
tract of land a distance of 1043.85 feet to a 1/2 inch iron rod
set for the most Southern Northwest corner of this tract of land.
THENCE South 89 deg 45 min 50 sec~ast with the North line of
this tract of land a distance of 603.36 feet to a 1/2 inch iron
rod set for an interior corner of this tract of land.
THENCE North 00 deg 48 min"40 sec East with the West line of
this tract of land a distance of 1543.43 feet to a 1/2 inch iron
rod set for the most Northern Northwest corner of this tract of
land.
THENCE North 89 deg 41 min 51 see East with the North line of
this tract of land a distance of 733.81 feet to a 1/2 inch iron
rod set for the Northeast corner of this tract of land in the
East line of Item No. I and the West line of Item No. J above.
THENCE South 00 deg 06 min 24 sec East with the East line of this
tract of land, the East line of Item No. I, the. East line of Item
No. 0, the West line of Item No. J and the West line of Item No.
Q above a distance of 2589,14 feet to a 1/2 inch iron rod set for
a corner of this tract of land, the Southeast corner of Item No.
O~ the Southwest corner of Item No. Q, the Northeast corner of
Item No. S and the Northwest corner of said Humble Pipe Line
Company 12.5678 acre tract of land. This corner is in the South
line of Item No. Wand the North line of Item No. S.
THENCE South 0 deg 07 min 32 see East with the East line of this
tract of land, the East line of Item No. T, and the West line of
said 12,5678 acre traet of land a distance of 752.99 feet to the
POINT OF BEGINNING, containing 69.6401 acres.
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PAGE NO. 6 FIELD NOTES
TRACT B - 32.6510 ACRES
BEING out of and a part of Items No. Land P above and being more
particularly described by metes and bounds as follows, to-wit:
BEGINNING at a 1/2 inch iron rod set for the Northwest corner of
this tract of land in the West line of Item No. L above and the
East line of Item No. M above and from this corner a 5/8 inch .
iron rod found ,for the Northwest corner of Item No. D and the
Northeast corner of Item No. M b~ars North 00 deg.06 min 24 sec
West 1354.77 feet. The Quantum Coordinate Value for this corner
is North 1344.58 and East 4540.18.
THENCE North 89 deg 41 min 51 sec East with the North line of
this tract of land a distance of 416.46 feet to a 1/2 inch iron
rod set for the most Northern Northeast corner of this tract of
land in the West line of a 15.00 acre tract of land conveyed to
Harris County Houston Ship Channel Navigation District by
National Distillers and Chemical Corporation by deed dated June
10, 1969 and recorded at County Clerk's File Number C 935818 of
the Official Public Records of Real Property of Harris County,
Texas.
THENCE South 0 deg02 min 18 sec East with the East line of this
tract of land and the West line of said 15.00 acre tract of land
a distance of 237.23 feet to a 1/2 inch iron rod set for an
interior corner of this tract of land and the Southwest corner of
said 15.00 acre tract of land.
THENCE North 89 deg 58 min 28 sec East with the North line of
this tract of land and the South line of said 15,00 acre tract of
land a distance of 299.46 feet to a point for the most Eastern
Northeast corner of this tract of land and the Southeast corner
of said 15.00 acre tract of land. This corner is in the West
shore line of San Jacinto Bay.
THENCE in a Southerly direction
of land and the West shore line
courses:
South 11
North 87
South 49
North 82
North 31
South 23
South'43
South 71
North 59
North 55
South 89
South 31
South 48
with the East line of this tract
of San Jacinto Bay the follo~ing
deg
deg
deg
deg
deg
deg
deg
deg
deg
deg
deg
deg
deg
28
47
17
43
35
05
11
25
41
55
05
46
03
min
min
min
min
min
min
min
min
min
min
min
min
min
27
23
39
22
28
54
21
20
59
57
03
31
24
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
West
West
West
West
West
West
East
East
East
East
East
East
East
32.19
259.30
122.61
55.92
82.39
115.38
99.28
102.72
77.63
94.74
17.71
112.08
128.65
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
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517-68-1030
PAGE NO. 7 FIELD NOTES
South 63 deg 52 min 57 sec East 134.99 feet;
South 57.deg 11 min 26 sec East 99.94 feet;
South 19 deg 00 min 52 sec East 195.59 feet;
South 01 deg 47 min 27 sec West 137.58 feet;
South 17 deg 33 min 38 sec West 188.06 feet;
South 19 deg 21 min 59 sec West 85.56 feet;
South 02 deg 04 min 59 sec West 91.31 feet;
South 05 deg 54 min 47 sec West 185.08 feet;
South 12:deg 17 min 36 sec East 87.63 feet;
South 14 deg 22 min 22 sec East 131.86 feet to a point for
the Southeast corner of this tract of land and in the North line
of a 23.2845 acre tract of land conveyed to National Distillers
and Chemical Corporation by Syngas Company by deed dated December
31, 1986, and recorded at County Clerk's File Number K 905990 of
the Official Public Records of Real Property of Harris County,
Texas.
THENCE North 89 deg 59 min 25 see West with the South line of
this tract and the North line of said 23.2845 acre tract of land
a distance of 450.77 feet to a 1/2 inch iron rod set for an
interior corner of this tract of land and an interior corner of
said 22.2845 acre tract of land.
THENCE South 41 deg 26 min 22 see West with the Southeast line of
this tract of land and the Northwest line of said 23.2845 acre
tract of land a distance of 680.71 feet to a 1 inch iron rod in
concrete found for the Southwest corner of this tract of land,
the Southwest corner of Item No. P and the most Western Northwest
corner of said 23.2845 acre tract of land. This corner is in
the East line of Item No. M above.
THENCE North 00 deg 06 min 24 see West with the West line of this
tract of land and the East line of Item No. M a distance of
2254.65 feet to the POINT OF BEGINNING containing 32.6510 acres.
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PAGE NO. 8 FIELD NOTES
RAILROAD LAND
7.4757 ACRES
BEING out of and a part of Items No. T, S, 0 and W above and
being more particularly described by metes and bounds as follows,
to-wit:
BEGINNING at a 5/8 inch iron rod found for the Southeast corner
'of this easement, the Southeast corner of Item No. T and the
Southwest corner of a 12.5678 acre tract of land conveyed to
Humble Pipe Line company by First city National Bank of Houston,
Executor, by deed dated August 31; 1965, and recorded at county
Clerk's File Number C 164648 of the Official Public Records o~
Real Property of Harris County, Texas. This BEGINNING corner is
in the North right of way line of Strang Road and from this
corner a 1 inch iron rod found in concrete at the intersection of
the North right of way line of Strang Road, 60 foot right of way
and Miller Cut-Off Road, 60 foot right of way, bears North 89 deg
57 min 33 sec West 2081.67 feet. This BEGINNING corner has a
Quantum Coordinate Value of South 2766.32 and East 4083.80.
THENCE North 89 deg 57 min 33 sec West with the .South line of
this easement, the South line of Item No. T and the North right
of way line of Strang Road a distance of 35.67 feet to a point
for the Southwest corner of this easement.
THENCE in a Northerly direction with the West line of this
Easement across Items No, T, S, 0 and W the following courses:
North 05 deg 49 min 40 sec West 259.78 feet:
North 27 deg 09 min 36 sec West 162.24 feet:
North 44 deg 51 min 37 sec West 298.04 feet:
North 66 deg 39 min 59 sec West 141.56 feet:
North 45 deg 00 min 22 sec West 716.99 feet;
North 00 deg 04 min 13 see East 342.76 feet;
South 89 deg 58 min 11 see East 89.43 feet:
North 00 deg 01 min 49 sec East 37.85 feet:
North 12 deg 31 min 07 sec East 401.38 feet;
North 00 deg 04 min 11 sec East 367.12 feet:
North 06 deg 15 min 14 sec West 246.46 feet to a point for
the Northwest corner of this easement in the North line of Tract
A - 69.6401 acres - surveyed this day.
THENCE South'89 deg 45 min 50 sec East with the North line of
this easement and the North line of said 69.6401 acre tract of
land a distanc~ of 69.10 feet to a 1/2 inch iron rod set for the
Northeast corner of this easement and an interior corner of said
69.6401 acre tract of land.
THENCE in a Southerly direction with the East line of this
easement acrosS Items No. W, 0, Sand T the following courses:
South 00 deg 00 min 31 sec West 845.74 feet:
South 07 deg 49 min 53 sec West 197.68 feet:
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~I(,-68-I032
PAGE NO. 9 FIELD NOTES
South 19 deg 31 min 44 sec East 241.22 feet to a 1/2 inch
iron rod set for a corner of Tract A surveyed this day and the
point of curvature of a non-tangent curve to the left concave
Northeast.
THENCE in a Southerly direction with the East line of this
easement, the East line of said Tract A and said curve to the
left having a central angle of 17 deg 50 min 25 sec, a radius'of
878.88 feet, a length of 273.66 feet and a chord bearing and
distance of South 32 deg 21 min .49 sec East 272.55 feet .to a 1/2
inch iron rod set for a corner of this easement, a corner of said
Tract A and the end of this curve.
THENCE in a Southerly direction with the East line of this
easement the following courses:
South 35 deg 53 min 36 sec East 734.28 feet;
South 26 deg 37 min 06 sec East 240.91 feet;
South 05 deg 52 min 11 sec East 253.27 feet to the PLACE OF
BEGINNING, containing within said boundaries 7.4757 acres of
land.
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5/ ('-68-- f 033
EXHIBIT B
to
General Warranty Deed
NOTICE REGARDING COASTAL AREA PROPERTY
Grantor and Grantee recognize that the Property (as described in the General
Warranty Deed to which this notice is attached) adjoins and shares a common boundary with the
tidally influenced submerged lands of the state. The boundary is subject to change and can be
determined accurately only by a survey on the gro~d ma~~ br.,a.I~~~I?-sed state land surveyor in
accordance with the original grant from the sovereign. Tlle:owner of th~ .Property may gain or lose
portions of the tract because of changes in the bOUIl~ary,:.G~tOr has no knowledge of any prior fill
as it relates to the Property. Grantor and Grantee recognize that state law prohibits the use,
encumbrance, construction, or placing of any structure in, OJ1, or over state-owned submerged lands
below the applicable tide line, ~thout proper:pemiissicnt"Grantee is hereby advised to seek the
advice of an attorney or oth~r qualified p~rs.on...as to the le~a1 n~~e ~q effect of the facts set forth
in this notice on the Property. Info~atiqh regarding'.th'e location 9f'\h~;wplicable tide line as to the
Property may be obtained from th~"~9rveymg divisio'h-ofthe 'Ge~eral ~~d Office in Austin.
.:..~.. ...~.;; -, ':..:..~.:av:'.,'.:~':~. ~.',\r: .,:. ~.. ..'
~:
Name:
Title:
GRANTOR:
Receipt Acknowledged:
GRANTEE:
e,tll
RECORDER'S MEMORANDUM
AT THE TIME OF RECORDATION. THIS fE
INSTRUMENT WpA~TOGU~~:~~~~~;g:~~Oh
fOR THE BEST nu R
BECAUSE OF ILLEGIBILITY. CARBON 0
PHOTO COPY, DISCOLORED PAPE:R. ETC.
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"EXHIBIT B"
(Attach Plat reflectinq the ownership boundary lines; a
site layout, showinq all improvements, includinq
pipelines and railroads, and also showinq areas of the
Land previously annexed by the City of La Porte.)
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"EXB:IB:IT e"
Page 1 of 2
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RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The, use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property ownerS.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the pUblic utility company, and does not
interfere wi th the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behlnd existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
RECEI,VED
APR. 2 7 2000
C. f L P TAXDEPT..lPC
Ity 0 a orte
Established 1892
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April 24, 2000
Equistar Chemicals, L.P.
Attn: Tax Department
P.O. Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Gentlemen:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
April 14, 2000. While reviewing the documents for completeness, we noticed the 2 sets of the
metes and bounds legal description was titled "Part 1 "and "Part II." With your concurrence
we will re-title this "Part I" and "Part II" as Exhibit" A."
Please indicate your acknowledgement and agreement by signing and returning this letter.
Once these matters are resolved we will present these documents to City Council for approval
and we will return an original set to you. If you have any questions or concerns regarding this
matter call John Joerns at (281) 471-5020.
Thank you for your cooperation in this matter.
Sincerely,
@~,,"c T. ~~
Robert T. Herrera
City Manager
Yes/ No
Re-title Part "I" & Part "II" as Exhibit "A" U?' 0
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By:
Name:
Title:
Address:
P.O. Box 1115 · La P0l1e, Texas 77572-1115 · (281) 471-5020
City of La Porte
Established 1892
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March 20, 2000
Equistar Chemicals LP
Attn: Tax Department
P.O. Box 3646
Houston, TX 77253-3646'
Gentlemen:
The City of La Porte and the committee representing industry have
reached final agreement on a form of Industrial District Agreement
for the seven year term commencing January 1, 2001. Copies of the
agreement are attached to this letter.
Please insert the proper corporate name and state of incorporation
on the first page, and the corporate name and the name of the
authorized officer executing the agreement, on the signature page.
Please attach Exhibit nA" and "B" legal descriptions to two copies
of the contract, and forward two fully executed copies of the
contract to the City of La Porte no later than May 1, 2000.
Executed agreements received by that date will be placed on the
City Council agenda of Tuesday, May 9, 2000, for formal approval.
Thereafter, your firm will be furnished with a certified copy of
the city's approval ordinance, and a fully executed copy of the
agreement.
We at the city of La Porte feel that the continuation of Industrial
District Agreements, which first commenced in the City of La Porte
in 1958, is mutually beneficial to the City and the nearly sixty
companies wi~h which it has such agreements.
Thank you for your cooperation in this matter.
Yours very truly,
CITY OF LA PORTE
By: G<~~ T. ~~
Robert T. Herrera, City Manager
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Enclosures
MAR 2 7 2000
lAY ,",en. - tPG
P.O. Box 1115 -lllPllrte,Texas77572.1115 - (713)471.5020
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ORDINANCE NO. 2000-IDA-04
AN ORDINANCE AUTHORIZING TBE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEKENT WITH UCISCO, INC., FOR THE TERM
COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. UCISCO, INC. has executed an industrial district
agreement with the City of La Porte, for the term commencing
January 1, 2001, and ending December 31, 2007, a copy of which is
attached hereto, incorporated by reference herein, and made a part
hereof for all purposes.
Section 2. The Mayor, the city Manager, the City Secretary,
" ~
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council 'was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
Knox
City
By:
CITY OF LA PORTE
~~
N man . alone,
Mayor
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NO. 2000-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and UCISCO, INC.
, a TEXAS corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizensj and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Codej and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") j
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary linesj a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Portej and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City'referred to above, City and Company hereby agree
with each other as follows:
PINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the €orporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to ,the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrati ve and/ or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
'annexed by City, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's . selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simil~r form. The properties. which the Company must
render and upon which .the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. A~ part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the 1ater of December 31, 2001, or 30 days from
mai1ing of tax bi11 and in 1ike manner on or before each December
31st thereaft~r, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year"). .
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improv~ments, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January I, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to.restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to Ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code..
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between city and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions,.plus (b) the total amount of the "in lieu of
taxes" on the un annexed portions of Company's hereinabove described
property which would be due to ci ty in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make paYment to City of any additional paYment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
Ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
paYments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described'property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to city by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. . In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to .be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company,' and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days; with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set. forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the. event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED I'NTO effective the 1st day of January, 2001.
UCISCO, INC.
(COMPANY)
By: ~~
N e: :JAMF.S S. SAWYF.R
itle: TREASURER
Address: 39 OLD RIDGEBURY ROAD
DANBURY, CT. 06810-5113
~EST:
. ~1l4;4, (l ~
c t Secretary
~~
ox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
CITY OF LA PORTE
By: ~~~
/ r an . al ne
Mayor
By: &~"* 'T ~~~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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EXHIBIT A
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Premises
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A tract of land a~proximately 4.000 acres situated in . {\
the Enoch Brinson Survey, Abstract No.5, Harris County, Texas, ~.'
being part of a 57.580 acre tract conveyed to Union Carbide
Corporation by Deed dated November 12, 1980, duly recorded
under County Cl~rk's File No. G-7535l9 in the Official Public
Records of Harris County, Texas, and being more particularly
described as follows:
COMMENCING for reference at a 5/8" iron rod, being the
Northeasterly corner of the 57.580 acre tract, located in
the Westerly right-of-way line of Strang Road (60-foot wide
right-of-way) ;
THENCE, South 030 02' 34" East, along the Easterly line
of said 57.580 acre tract and same being the Westerly right-
of-way line of Strang Road, for a distance of 870.00 feet
to a 5/8-inch iron rod set for corner, this being the POINT
OF BEGINNING of the herein described 4.000 acre tract;
THENCE, South 030 02' 34" East, along the F!:I~t-C1rly line
of said 57.580 acre tract and same being the We~t-o~'y ~4ah~_
of way for Strang Road, for a distance of 300.00 f~et to a
5lB-inch iron rod set for corner;
THENCE, South 860 57' 26" lvest, leaving said right-of-
way line, for a.distance of 580.80 feet to a corner;
THENCE, North 030 02' 34" West, for a distance of 300.00
feet to a corner;
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXBIBIT en
Page 1 of 2
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ROLES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land descr ibed in Exhibit II A II
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said' strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use' of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, 'together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the pUblic utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and city.
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City of La Porte
Established 1892
April 24,2000
Union Carbide Industrial Serv. Co.
Attn: Donald C. McLean
Manager, Property Tax
39 Old Ridgebury Road
Danbury, CT 06810-5113
Dear Mr. McLean:
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Two executed originals of the Industrial District Agreement (IDA) were received from you on
April 20, 2000. While reviewing the documents for completeness, we noticed the 2 sets of the
site layout were not titled. With your concurrence we will title this site layout as Exhibit "B. "
Please indicate your acknowledgement and agreement by signing and returning this letter.
Once these matters are resolved we will present these documents to City Council for approval
and we will return an original Set to you. If you have any questions or concerns regarding this
matter call John Jooms at (281) 471-5020.
Thank you for your cooperation in this matter.
Sincerely,
Q~ -r: ~.......
Robert T. Herrera
City Manager
Yes No
Title site layout as Exhibit "B" is[ D
UCI5Co/ Co '- ~
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By: /'. d~ l!rn~
~am . 'Ve1pA c-'/) c.:.. mt../'t..,,,'/
Title: /J1A";If~e/i> - ~D.o ~ ../J
Address: :J',P (1 eeL ?c. cRr-e{....;/W 12r
~,.., 6~n. 7 c. r D ~~I t:J
P.O. Box 1115. La Porte. Texas 77572-1115. (281) 471~5020
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ORDINANCE NO. 2000-IDA-05
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE'CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH CENTAURI TECHNOLOGIES, &V,
FOR THE TERM CODENCING JANUARY 1, 2001, AND ENDING DECEMBER 31,
2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FI~ING COMPLIANCE WITH THE, OPEN MEETINGS LAW; AND
PROVIDING AN IFFECTIVE DATB HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
CENTAURI TECHNOLOGIES, HV has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and th~ contents and posting thereof.
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
CITY OF LA PORTE
BY:~h?~
orman . Ma ne,
ayor
ATTEST:
APP~~
Knox W. ASkins,
City Attorney
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NO. 2000-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and CENTAURI TOCHNOIDGIES, JV
, a PARTNERSHIP corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, city has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", a~d Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is t;he owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also Showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, .City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE; in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City~referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the' terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes; or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any. portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all ~and covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the un annexed area
for the purpose of computing the "in lieu" paYments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by city, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2 ,and 3 of subsection D, of this
Paragraph III ( sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which i~ exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as, provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later, of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to: City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year"). '
D. Company agrees to render to City and pay an amount II in lieu of
taxes" on company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For 'the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c)' If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and'
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such lan~, co~pany will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement. between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, "plus (b) the total amount of the "in lieu of
taxes" on the Unannexed portions of company's hereinabove described
property which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days the~eafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(Which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
Ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith .negotiations in an attempt to reach an
agreement as to the market value of Company' s property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submi t the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company' s valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher. '
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to .be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company' s property for calculation of the
"in lieu'" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of II in lieu of
taxes" paYments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is. in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the'event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
7
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
ss: 13000 BAY AREA BLVD.
PASADENA, TEXAS 77507
ATTEST:
By:
~F LA PORTE
'N a~
Mayor
By:
EX~~ T~ ~~
Robert T. Herrera
City Manager
o W. skins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471-2047
8
e e
CENrrAURI rrECHNOLOGIES JV
BOOO nny Aren ntvd., . I'mmdl'nn, Texml 77507
I'hone (281) 474.4675 . Fax (281) 474-4680
EXHIBIT A
METES AND BOUNDS DESCRIPTION
1.261 ACRES (54,962 SQUARE PEET)
D n i. II g l. 2 6.l :l C res (5'" 9 6 2 ~ '111 U I." P. r: e r. t) 0 f I ;.111 d sit: 1.1 :.J t e dill t: he
G ,~ 0 r g cR. r-lr: kin:; t: r )' L n n g 1I e, ^ b n l. 1:':1 c: I. ',7, II a 1''1'' .i U c.: 0 II n I. y, T l'.! X l.I:: ,
alld being out of that cert:.till ~o.oo :tere tract of .Lalld c:ollvt~yed
to C It \J S e i ( tJ . S . A .) :r II C ., by ,i II::; I. r' 11 III(! Ill: r e c: 0 r d (! d \I n d C! r' F j .. C! N \I In b c r'
N 291863 and F i 1 m Co cI e 0 I, I, - n.r, .- 0 907 0 f the 11:'1 r r i s Co u n t y 0 f: fie i a 1
P l\ b 1 i eRe cor d S 0 f R e:d Pro" f,! I' t.)': :; aid .l. 261 a C I' C! :.; (5'" cj b 2 1: CJ \I a J' e
feet) of land heilllJ more r:lrti,C:l.Il~lrly 1,lcsc:r.ilH!d by IIl1ltIH.: :Jnd
h 0 U II d :; ::u; foIl 01'1 S (:J .l.t IHHII' i. II C :; :.11:' e f."l~ f f! r e II (! e d t: 0 t h f! III 0 111\111 C II I: II d
northerly w~st lille of said 20.UO acre tract):
COMMENCING nt: 1'\ 5/0 .tllch i rOil rod found [01" the Ilot.theonl, C:OI"IICH:
of thRt ccrta,i,lI resi,due of 203.713 :lCrf!S of land cOllveynd to
P . M . C. Cor p 0 r 11 t .i 0 n by .i II :; t 1-1.1111 ell t: r Po I.: fJ r. d I! cI U 11 d (! r I~ ill! N II III IIC! r'
1>123161 and Film Code 117-:n-0502 oE tltl!. II.';Irri6 County OEl'ici,iI!.
Pub 1 i eRe cor d n 0 .f n f!::I 1 Pro Pi! r' I: Y :J II d "r! i n r. I: It 0 In 0 1,; l. II n r' I. h P I. I )'
nortln'1est corner of B;I,i,d 20.00 :](:rl~ tnll.:t: ::1111'1 ;.1J.:>0 l)l!ill~ ill tltc'
sou t h 1 i. n f) 0 f t It n t c r~ r. t: a j II II () . I) 7 2 a c: rt! t: r :JC: tor: .I:.t II d C Oil V I! Y l! d l. ()
the C i t Y 0 f I..:). I' 0 r t Po, T P. X :,1:;, "J in:; I: [' 1.1 1II1~ n I. [' I~ C 0 r.-ri l~ c..I 1111 d I! I: F j I l-'
N u m be r .,.1253902 :J II d F ,j ,1111 C () d II I 52 - '7 n .- 2 I 0 II 0 1" t: hI:! 11.,11" I' j H C 111111 I. )'
Official Public Records of Real Propert)';
I
'f II B N C E S 0.1. 00 ' " 5" F. ',0. 0 I f (! C! l., III ,j t. It t: It (~ I!:H~ t 1:i Ill' () f !; ;J.i d
r f'! sid u e t r ~ c t, s a III e b e i "I!. t It I! IH: :,; I: I, i. II f! n f II :~ i d 2 0 . I) (l ;H: r l'! t. t.'::I ct.
t. 0 0 5/8 in chi r 0 n J:' 0 d s e I: for t11l~ r r. A C r:: 0 r: B r:: GIN N I. N G :.J II d l.1t (!
nor t h w est cor n P- l' 0 f the It I~ I: ld II des I: rib {~ d t t'fl c: Lot: J a II cJ ;
THENCE N 07.26'12" E .177.33 let!\: to 11 5/1.1 illch in>!1 L'od Bel. 101'
the beginning of a curve;
TIIENCE 67.89 feet l'1ith tI.(> arc 01' a C:Ul"Vf! t.o tlt~! r.ight. ",hose
chord bears S 87.J.2'23" g 117.79 ff!et: and havillg :;, celltral. allgl.(~
of 10.',2'51" rind n rndius or ]63.06 llH!l. to a ~;;U .inc:h ,iroll rod
set for the northl~ast COL-ner or: this tr'act;
THENCE S 0,'.00",5" E 2.10.(.] hH.!t to:.a 5/11 i.llch .11'011 rod !;nl, for'
the southe~lst earlier (Jf this tract;
TflBNCE S 87.26'12" W 2',5.00 ff~et: to:.1 5/R illch .i.roll I'od !Hll rOl'
the sou t 11\'/ '" S t cor" n r l;) f t hi:; t r :t c t II 1\ 1,1 b e i n B i 1\ t.:" Ii' I!:J S I. Ii" f! (J [
sa i d r f! sid II e t r;] c: t:, sam C! h r! .i II g t; II f." h' f.! ~.i t: J. i II c:! 0 f U 1.1 j d 20. 00 :.1 C f. l'~; :
TilE U C E N 0 1 . 00' 'I 5" W 2 2 5 . 00 [~! l:' I: tot" e P LAC E 0 F B g G 1: N N I N G :J n d
con t 11 i n i n g .L. 2 6 1 oj r: res (5", ~ 6 2 u rJ tI ;j r. I:! [c C:! t) 0 flu II d .
'fhe aren stllted in acres is compatible Nith the :.,llowah1r:'
pre cis ion 0 f c lOG u ref 0 r t his :; u r v C! y . Tile tI rea !; tal (! d .i. II !HJlHI n!
feet is a calculated value only.
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TexaQ Regintration No. ~385
Texan L;:IlId Surveyi.ng. Illc.
P.O. Box 5825 PLls::adellrl, Taxa:; 77508
(281) t,87-50GO
Job No. 0194-004A June 6, 1996
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SKETCH SHOWING
PROPOSED BOUNDARIES OF
TWO TRACTS OUT OF
CHUSEI (U.S.A) INC.
20 ACRE TRAcr
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"EDIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buil~ings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that ~s parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from'said strip of land onto state Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive. '
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris county and City.
e
May 1, 2000
City of La Porte
Established 1892
fr~-i;"'1f@ffiTW"j'--W;i"11
" I I U'
II "I ' : I
lUL, MAY-Sam j i
I I I
I .
, l
. ASST, CITY MANAGER
L-,.........._ O;:FICE !
Centauri Technologies, J. V.
Attn.: Tax Department
13000 Bay Area Blvd.
Pasadena, Texas 77507
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Gentlemen:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
April 28, 2000. While reviewing the documents for completeness, we noticed the 2 sets of the
metes and bounds legal description was titled "Exhibit B." With your concurrence we will re-
title this "Exhibit B" as "Exhibit A." ,
Also, we noticed 2 sets of the site layout were titled "Exhibit A." With your concurrence we
will re-title this "Exhibit A" as "Exhibit B."
Please indicate your acknowledgement and agreement by signing and returning this letter.
Once these matters are resolved we will present these documents to City Council for approval
and we will return an original set to you. If you have any questions or concerns regarding this
matter call John Joems at (281) 471-5020.
Thank you for your cooperation in this matter.
Sincereiy,
G~ T )-t~
Robert T. Herrera
City Manager
Re-title Exhibit "B" as Exhibit" A"
Re-title Exhibit "A" as Exhibit "B"
Yes
~
No
D
D
By: ~~~JV'
Name: 'c.~H.t/ J(/N~Tl'j/U
Title: tJj::j:::qCd /J1nAJAG&e.,
Address: /3a:n (5141 ~131- ~tJ
&.SAt.I~ ,Jt/. 76-~<;" 77~'"
I
P,O. Box 1115. La Porte, Texas 77572-1115. (281) 471-5020
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ORDINANCE NO. 2000-IDA-06
AN ORDIRARCE AUTBORJ:ZJ:NG THE EXECUTJ:ON BY THE CJ:TY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMERT WITB ROD AND HAAS COMPANY,
BAYPORT PLART, FOR TBE TED COMKBNCJ:NG JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2007; XAKING VUIOUS FINDINGS AND PROVISIONS RELATING
TO '!'BE SUBJECT; FINDING COMPLIANCE WI'!'B '!'BE OPEN MEETINGS LAW; AND
PROVJ:DING AN EFFECTIVE DATE BEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. ROHM AND HAAS COMPANY, BAYPORT PLANT, has executed
an industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of' La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the. time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
.
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
~1~Q)Ww
Mart a A. Gillett
City Secretary
Knox
City
CITY OF LA PORTE
BY.~
. man. Ma e,
Mayor
2
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NO. 2000-IDA-~
STATE OF TEXAS
{
{
{
{
{
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and Roh.""" f ~~ (0. 13~ ~pd-rr 'P/"",,+
, a De fa "" o........{. corporation, h reinafter
called "COMPANY",
W IT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively c~lled "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the city of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") i
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City'referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue ~o retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, ,however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the un annexed area
shall be conducted by City, at city's expense, by an independent
appraiser of City I S selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Renditionn). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simil~r form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and n in lieu of taxes II hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in' storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount n in lieu of taxes" on Company's
Property as of January 1st of the current calendar year (nValue
Yearn).
D. Company agrees to render to City and pay an amount "in lieu of
taxes n on Company I s Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, . (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase ~n value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumul~tive value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and '
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this. Agreement,
had been within the corporate limits of City and
appraised each year by the City'S independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of City' s ad
valorem taxes on the annexed portion thereof as determined by
"appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of TexaS which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest. by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, "'plus (b) the total amount of the '~in lieu of
taxes II on the unannexed portions of Company' ,s hereinabove described
property which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
city of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to'be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good fai th negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company' s valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern. District Qf Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company' s property for calculation of the
"in lieu," payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may, be available under the Texas
G~neral 'Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's SUccessors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement. .
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is,in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms ,of such agreement or renewal agreement.
x.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the-event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
K uh._ f tl-ult..s c.n. 8,.."pov-!- 'Pla.",-}
. (COMPANY)
, t:.- (f1 :J) ,
Name: Sh e.;IIA .1) OYl"'l I
Title: 16..",+ mOon ~-c.-a..
Address: 1'?>3eo bl-~ ~ "BIlle!
L.___ Po....J..c .1/C"11 r1/
~
~. .lwv a.{iJGlUf
CJ.ty Secretary
By:
~F LA PORTE
~
rman~e
Mayor
~u)
ox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
.Q~ T.. ~~~
Robert T. Herrera
City Manager
Phone: (281) 471-1886
Fax: (281) 471-2047
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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"EXlIIBIT A"
(Metes and Bounds Description of Land)
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L( /J>rh..-'if
A '(
HETES ArlO DOUtIUS [)[SCHIPTIOtl
60.155 ACI-es (2,620.3G5 Square Feet)
Being a tr~r.t or par"eel of land containing 60.155 acres (2.620.365 square feet)
hI thi'! Rict:ilr1 Pearsall 1/3 league, A-G25, IIarris County, Texas, amI being more
~art.iclllarly described as follows \'lith ill1 beadngs referred to the Texas
Coordinate System, South Central Zone:
COI-II,\EtlCWG at a coppen/eld rod stamped "3075" found fit the southeast corner of the
intersection of Day Area Doulevard (150 feet wide) and of record ill Volume 7235,
Page 135 of lIarris County Deed Records (H.C.D.R.) and Fairmont Parb-l6Y (250.feet
Hide), same point being the north\'/est corner of a 17.'l66 acre tract O\.rned by fdrco
Inc. and recorded in Film Code 115-99-2206. File tlumber F906432 of the lIarris
County Official Public Records'of Real Property;
THENCE, South 00059150" East, 831.10 feet (called S 0l00011}5" E, 831.10 feet)
along the line common to said Day Area Boulevard and said Airco Inc. tract to a
coppen/eld rod reset and stamped "3076" and the "POlllT OF DEGHlIIltIG" and the
northwest corner of the herein described tract; , .
TIIENCE, florth 06050'40" East 932.45 feet (called 1/ 86052154" E, 932.45 feet) along
the south line of said Airco 1nc. tract to a coppenleld rod reset and stamped "3077"
said point al~o bein~ the southeast corner of said Airco tl"act; .
TIfEflCE, Harth 06047'30" East, 639.02 feet (called tl 86052'51)" East, 638.94 feet)
'. to a copperweld rod found stamped "3097" and being in the southeast line of a
20 foot wide pipeline easement granted to Tennesse~ Products Pipelirle Company and
recorded in Volume 3340, Page 188, II.C.D.R.;
'TII~lIrC' c~..a.'- ..."0.... .~_.. ",
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also Showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT e"
Page 1 of 2
ROLES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the 'following provisions:
· One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
· Freestanding identification signs for single tenant
buildings shall no~ exceed 150 square feet in area.
· One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved pUblic rights-of-way.
· Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
· Freestanding identification signs shall not exceed 45
feet in height.
· Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
.~
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
mainta~ned by the property owners.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, ~long the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with ci ty to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas ,Department of Transportation and
provisions of the City t s Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the ci ty and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris county and city.
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City of La Porte
Established 1892
March 20, 2000
Rohm & Haas Company
c/o K.P.M.P.
700 Lou~siana, suite 3100
Houston, TX 77002
Gentlemen:
The City of La Porte and the committee representing industry have
reached final agreement on a form of Industrial District Agreement
for the seven year term commencing January 1, 2001. Copies of the
a~reement are attached to this letter.
We also enclose a copy of the metes and bounds legal description
which was attached to your firm's current Industrial District
Agreement. Please review carefully, and revise as necessary to
reflect any additions or deletions to the legal description.
Please insert the proper corporate name and state of incorporation
on the first page, and the corporate name and the name of the
authorized officer executing the agreement, on the signature page.
Please attach Exhibit "A" and "B" legal descriptions to two copies
of the contract, and forward two fully executed copies of the
contract to the City of La Porte no later than May 1, 2000.
Executed agreements received by that date will be placed on the
City Council agenda of Tuesday, May 9, 2000, for formal approval.
Thereafter, your firm will be furnished with a certified copy of
the City's approval ordinance, and a fully executed copy of the
agreement. .
We at the City of La Porte feel that the continuation of Industrial
District Agreements, which first commenced in the City of La Porte
in 1958, is mutually beneficial to the City and the nearly sixty
companies with which it has such agreements.
Thank you for your cooperation in this matter.
Yours very truly,
CITY OF LA PORTE
By: G(}~~ T. \.\:~
Robert T. Herrera, City Manager
RTH:sw
Enclosures
,., \
P,O,'Box IllS · La Pllrte.Tex:ls77S71.1115 · (.:;.n)471-5020
e
Cit)T of La Porte
Established 1892
March 20, 2000
Rohm & Haas Company
c/o K.P.M.P.
700 Louisiana, suite
Houston, TX 77002
3100
Gentlemen:
The City of La Porte and the committee representing industry hav~
reached final agreement on a form of Industrial District Agreement
for the seven year term commencing January 1, 2001. Copies of the
~greement are attached to this letter.
We also enclose a copy of the metes and bounds legal description
which was attached to YOUr firm's current Industrial District
Agreement. Please review carefully, and revise as necessary to
reflect any additions or deletions to the legal description.
Please insert the proper corporate name and state of incorporation
on the first page, and the corporate name and the name of the
authorized officer executing the agreement, on the signature page.
Please attach Exhibit "AU and uB" legal descriptions to two copies
of the contract, and forward two fully executed copies of the
contract to the City of La Porte no later than May 1, 2000.
Executed agreements received by that date will be placed on the
City Council agenda of Tuesday, May 9, 2000, for formal approval.
Thereafter, your firm will be furnished with a certified copy of
the City's approval ordinance, and a fully executed copy of the
agreement.
We at the City of La Porte feel that the continuation of Industrial
District Agreements, which first commenced in the City of La Porte
in 1958, is mutually beneficial to the City and the nearly sixty
companies with which it has such agreements.
Thank you for your cooperation in this matter.
Yours very truly,
CITY OF LA PORTE
By: G~ T. \.\~
Robert T. Herrera, City Manager
RTH: sw
Enclosures
'l-' ,
P.O,'BllXII15. L,l PlIrte, Texas 77572.111; · (-1-M)471-5020
~
ROY L. ROBERTS
FACilITIES ANAlYST
PLANT TAX ANAlYST
e
V, BAYPORT PLA.
ROHM AND HAAS TEXAS INCORPORATED.
1900 TIOAl ROAD. OEER PARK. TEXAS 77536
(2811 228-8650 FAX: (2811228-3547
PAGER: (7131 616-6987
E-MAIL: ROY_l_ROBERTS@ROHMHAAS.COM
SUBS/OIARY OF RDHM AND HAAS CDMMNY
~
[OJ m 00 m 0 WI m ~.
lfl) MAY 2,am ~
May 24, 2000
ASST. CITY MANAGER,
OFl=!CE
Mr. Robert T, Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Re: IDA - Rohm and Haas Company, Bayport Plant
Dear Sir:
Attached are two signed copies of the Industrial District Agreement between the City of
La Porte and Rohm and Haas Company, Bayport Plant.
When completed, please send a copy to me at Rohm and Haas Texas, 1900 Tidal Road,
Deer Park, TX 77536-2416.
Thanks for your help.
Sincerely,
I'd- ;!- ,{J~
Roy L Roberts
Plant Tax Analyst
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-.
ORDZNANCE NO. 2000-ZDA-07
AN ORDINANCE AUTHORZZING THE EXECUTZON BY THE CZTY OP LA PORTE OP
AN ZHDUSTRIAL DISTRICT AGREEHEH'l' WZTH CHUSEI (U.S.A.) INC., POR THE
TElUI COJDIDCING JAHUARY 1, 2001, AND ENDING DECEKBER 31, 2007 ;
MAKING VARIOUS F%NDINGS AND PROVZSZONS RELATING TO THE SUBJECT;
PINDING COMPLIANCE WZTH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. CHUSEI (U.S.A.) INC., has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the city Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which 'this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
~llh~O- ~
Mar a A. Gillett .
City Secretary
Knox . Askins,
City Attorney
CITY OF LA PORTE
By: ~~~~
Mayor
2
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NO. 2000-IDA-~
STATE OF TEXAS
COUNTY OF HARRIS
{
{
{
{
{
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and c..husQ. i (U. ~.A.) \()C .
, a Ta.~aS corporation, hereinafter
called "COMPANY", .
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, 'City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City~referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of th~S Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event. that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, :and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by city, at City's expense, by an independent
appraiser of City.' s selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simil~r form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ( "Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tang ible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by Cityis independent appraiser, in accordance
with the applicable provisions of the Texas property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
. which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1,. 2001, and each January 1 thereafter of the
applicabie Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City'S independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of ci ty' s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual qonsent of Company and Ci ty as provided by the
Municipal Anne~ation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement'may be extended for an additional period or periods
by agreement between city and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, '''plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to Ci ty in accordance wi th the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the city or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disag~ee wi th . any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submi t the dispute to final arbi tration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher. .
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
II in lieu1' payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in paYment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all Or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the' event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
Chust",
nc.
(COMPANY)
By:
ATTEST:
~WJdv!1, iLJJilf/
Cl.t Secretary ,
c~ PORTE
By: ~ _
4ima L.~
Mayor
By:
Q~v~ .\~ ~~
Robert T. Herrera
City Manager
w. Askins
Attorney
of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
1.426 ACRES (62,133 SQUARE FEET)
CHUSEI (USA) INC. - TRACT I'
Being 1.426 acres (62,133 square feet) of land situated in the'
Georg~ B. Mckinstry League, Abstract 47, Harris County. Texas,
and being out of that certain 20.00 acre tract of land conveyed
to Chusei (U.S.A.) Inc. by instrument recorded under File Number
N291863 and Film Code 044-08-n907 of the Harris County Official
Public Records of Real Property; said 1.426 acres (62,133 squarn
feet) of land being more particularly described by metes and
bounds as follows:
BEGINNING at the southwest corner of said 20.00 acre tract, same
being the northwest corner of that certain 100.00 acre tract of
land conveyed to ARCO Chemical Company by instrument r.(~corded
under File Number M728181 and Film Code 182-70-1786 of the Harris
County Official Public Records of Real Property, and being the
southwest corner of the herein described tract of land and also
being in the east right-of-way line of Bay Area Boulevard. b.lsed
on 150 feet in width, and recorded under File Number C728214 and
Pilm Code 094-30-0042 of the Harris County Official Public
Records of Real Property;
THENCE N 01.00'45" W 40.01 feet, with the e~st right-of-way line
of said Bay Area Boulevard, to the southwest corner of that
certain 10.00 acre tract of land conveyed to Nissan Chemical
Houston Corporation by instrument recorded under File Number
U115815 and Pi1m Code 529-52-3613 of ihe Harris County Official
Public Records of Real Property and being the ~orthwest corner of
this tract;
THENCE N 87.26'12" E 1553.32 feet to a corner in the south line
of said 10.00 acre tract and being the northeast corner of this
tract;
THENCE S 01.00'45" E 40.01 feet to a corner in the south line of
said 10.00 acre tract and being the southeast corner of this
tract and also being in the north line of said 100.00 acr.e tract:
THENCE S 87026'12" W 1553.32 feet to the PLACE OF BEGINNING and
containing 1.426 acres (62,133 square fect) of land.
This metes. and bounds description was compiled from deed calls
and does not represent a boundary survey.
Texas Land Surveying, Inc.
P.O. Box 5825 Pasadena, Texas 77508
(281) 487-5880
Job No. 0388-002B2-1 May 8. 2000
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METES AND BOUNDS DESCRIPTION
28.52 ACRES (1,242,356 SQUARE FEET)
CHUSEI (USA) INC. - TRACT 2
Being 28.52 acres (1.242.356 square feet) of land situated in the
George 8. Mckinstry League. Abstract 47. HDrri~ Co~nty. Texas,
and being out of that certain 20.00 acre tract of land conveyed
to Chusai (U.S.A.) Inc. by instrument recorded under Pile Number
N291863 and Film Code 044-08-0907 of the Harris County Official
Public Records of Real Property and also being out of that
certain 22.72 acre tract of land conveyed to Chusei (U.S.A.) Inc.
by instrument recorded under File Number Ul158J.3 and Pi1m Code
529-52-3598 of the Harris County Official Public Records of Real
Property; said 28.52 acres '(1.242.356 square feet) of land being
more particularly described by metes and bounds as follows:
COMMENCING at the southwest corner of said 20.00 acre tract of
land, same being the northwest corner of that certain 100.00 acre
tract of land conveyed to ARCO Chemical Company by instrument
recorded under File Number M728l81 and Film Code 182-70-1786 of
the Harris County Official Public Records of Real Property and
being in the east right-of-way line of Bay Area Boulevard, based
on 150 feet in width and recorded under Pile Number' C728214 and
Film Code 094-30-0042 of the Harris County Official Public
Records of Real Property;
THENCE N 01.00'45" W 80.03 feet. with the east right-of-way line
of said Bay Area Boulevard and passing a 40.01 feet the most
westerly northwest corner of said 20.00 acre tract, same being
the southwest corner of that certain 10.00 acre tract of land
conveyed to Nissan Chemical Houston Corporation by instrument
recorded under File Number U115815 and Film Code 529-52-3613 of
the Harris County Official Pub1ic'Records of Real Property, to'
the most westerly northwest corner of said 10.00 acre tract, same
being the southwest corner of a 21.63 acre tract of land out of
the residue of that certain 203.713 acre tract of land conveyed
to P.M.C. Cor~oration by instrument recorded under Pile Number
D123161 and Film Code 117-27-0502 of the Harris County Official
Public Records of Real Property
THENCE N 87.26'12" E 776.32 feet t~ an interior corner of said
10.00 acre tract and being the southeast corner of' said 21.63
acre tract:
THENCE N 01vOO'45" W 440.49 feet, with the east line of said
21.63 acre tract. to the most northerly northwest corner of said
10.00 acre tract and being the PLACE OF BEGINNING and the
southwest corner of the herein described tract of land;
THENCE N 01.00'45" W 753.85 feet to the northeast corner of said
21.63 acre tract and b,eing the northwest corner of this tract and
also being in the south line of that certain 80.972 acre tract of
land conveyed to the City of La Porte, Texas, by ins~rument
recorded under File Number M253982 and Film Code 152~78-2108 of
the Harris County Official Public Records of Real Pr~perty;
THENC.E N 87.26~12" E 1341.4'." feet to the s.outhl:!i'.ISt corner of said
80.972 acre tract and being the northeast corner of this tract
and also being in the west line of a Harris County Plood Control
District fee strip. called Ditch "C", Tra~t 2, recorded under .
File Number D239800 and Film Code 123-38-0888 of the Harris
County Official Public Records of Real Property;
THENCE S 03.01'51" E 281.85 feet, to an angle point in the west
line of said Pitch "C". Tract 2, and being an angle point in the
east line of this tract;
THENCE S 10.08'23" E 1000.,80 feet, with the west line of said
Ditch "C". Tract 2, t9 the northeast corner of said 100.00 acre
tract and being the southeast corner of this tract:
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...-...-.:................
28.52 ACRES (1,242,356 SQUARE PEET)
PAGE 2
THENCE S 87.~6'12" W 65.57 feet, with the north line of said
100.00 acre tract. to the southeast corner of that certain 2.7756
acre tract of land conveyed to Nissan Ch~mical Houston
Corporation by instrument recorded under File Number 8044318 and
film Code 509-41-0267 of the Harris County Official Public
Records of Real Property and being a corner in the south line of
this tract:
THENCE N 10.06'23" W 300.00 feet to the northeast corner of said
2.7756 acre tract and being a corner in the 'south line of this
tract:
THENCE S 79.51'37" W 178.00 feet to a corner in the north line of
said 2.7756 acre tract and being a corner in the south line of
this tract:
THENCE S 10.08'23" E 30.00 feet to a corner in the north line of
said 2.7756 acre tract and being a corner in the south line of
this tract;
THENCE S 79051'37" W 454.54 feet, passing at 191.57 feet the
northwest corn~r of said 2.7756 acre tract. sam~ being the most
easterly northeast corner of said 10.00 acre tract. to an
interior corner of said 10.00 acre tract and being a corner in
the south line of this tract:
THENCE N 01.00'45" W 336.21 feet to the most no~ther1y northeast
corner of said 10.00 ~cre tract and being a corner in the south
line of this tract:
THENCE S 87026'12" W 777.00 feet to the PLACE OF BEGINNING ~nd
containing 28.52 acres (1,242,356 square feet) of land.
This metes and bounds description was compiled from deed c:a11~
and does not represent a boundary survey.
Texas Land Surveying, Inc.
P.O. Box 5825 Pasadena, Texas 77506
(281) 487-5660
Job No. 0388-002B2-2 May 6, 2000
.r,t-. .
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the city of La Porte.)
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"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit II A II
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said .strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except.for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with ci ty to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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CHUSEI (U.S.A.) INC.
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April 28, 2000
CnYMANAGER',
OFFICE
City of La Porte
Robert T. Herrera
City Manager
604 W. Fairmont
La Porte, TX 77571
Dear Sir:
I have enclosed two executed originals of the Industrial District Agreement for the seven
year term commencing January 1, 2001. I have also attached the original Metes and
Bounds Description as well as purchase and sale Metes and Bounds Descriptions that
have occurred since our last agreement was executed.
You should find the following attachments:
. 2 executed ag~eements
. Metes and bounds description for 20 acres (the original from 1991)
. Metes and bounds description for a sale to NCHC for 2.775 acres (1996)
. Metes and bounds description for a purchase from FMC Corporation for 22.72 acres
(1999)
. Metes and bounds description for a sale to NCHC for 10 acres (1999)
. Metes and bounds description for various easements (1999)
Chusei (U.S.A.) Inc. now owns 29.945 acres. Please call me at ext. 104 if you have any
questions or need additional information.
Sincerely I
~~~~)fwx-6ff
Accounting Manager
Enclosures
12500 Bay Area Boulevard Pasadena, Texas 77507 Telephone 281-474-7500 Fax 281-474-2611
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APuIilll:CanurimR
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CHUSEI (U.S.A.) INC.
e
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I MAY I 0 lO"J i J;
" I J :.-..
,,I.. ASST. CITY MANAGER
. OFFICE
May 10, 2000
City of La Porte
John Joerns
604 W. Fairmont
La Porte, TX 77571
Dear Mr. Joerns:
I have enclosed the documents that you requested showing only the land owned by
Chusei (U.S.A.) Inc. Please find attached a sketch illustrating the land (your Exhibit B)
and two Metes and Bounds Descriptions for the 29.945 acres of land. Please call me at
ext. 104 if you have any questions or need additional information.
Sincerely,
(jarld.ifL )l(AkuYl<?x-
Sandra A. Munoz ()
Accounting Manager
Enclosures
12500 Bay Area Boulevard Pasadena, Texas 77507 Telephone 281-474-7500 Fax 281-474-2611
\~
ResponsIbIeCare~
APuIjJc CcInniIInIIt
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ORDINANCE NO. 2000-IDA-08
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH NOCS WEST GULF, INC., FOR THE
TERM COMHENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SectioD 1. NOCS WEST GULF, INC., has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, a copy of
which is attached hereto, 'incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the city Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
SectioD 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
SectioD 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
By:
CITY OF LA PORTE
~~<---
Mayor
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NO. 2000-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal cor~ation of H~rris CP~P.t~,
Texas, hereinafter called "CITY", and ex::... S WESt G-llLF
I~. . , a, ' corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, .including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority 'granted under the Municipal Annexation Act and the
Ordinances of City',referred to above, City and Company hereby agree
with each other as follows:
PINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by city, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" paYments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of 1::he immediately preceding January 1st, stating its
opinion of the property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and ,lIin lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to city a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction, had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) ,as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or b~fore August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection' therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, ,..plus (b) the total amount of the II in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to ci ty in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for II in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in paYment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells,; assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement wi th any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect1 which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the, event anyone or more words, phrases, clauses,
sentences, par~graphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable 'from the remainder of this Agreement and the validity
of the remaining parts of this, Agreement shall not be affected
thereby. '
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
UJ~Sl GULF [IX-.
(COMPANY)
-h-
~EST:
tJJd 1111 . {1./it11l/
Ci Y Secretary
~F LA PORT~
By: . ~:o---
, N rm n L. Ma 0
Mayor
AP~c:J
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
Q~~ T~ ~~~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
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"EXBIBIT A"
e
(Metes and Bounds Description of Land)
e JEXHIBIT "A"
'. "AraS A ~ AOVNns OF.~CRIP1'ION
:l~.' ACR;S 1$)4.700 90UARE FEETl
': I
~,"lntl 12.' aC'lr.~ (S)4.700;.Qllaro I..ll Df '.nd f11t.Ullt.p.d 111 thq
,noch 9rJ"~nn LdR~09. Abe~TRet 5. ""rrl~ Cqunlv. reM_., Rnd beJng
,11 or thp~ cnrta1n tracl ~C land. cRI1.d ~~.308 acr.., c~ny.yed
~n ~M-I. rr.q:oJ Joint V.~turo by InBlrume l r.corded under fJl.
'1~\I,.t-.r jJ(lC;720 'Ine! rn.. C9cl.. 074-88-1168 ['I thl!' 118rrie County
~r{lcl~l ru~lio R~~~rd. o( Roal Pr~r"rlv: ~_id 12.3 IIcroe
1(6;1<1.70(1 a'l".r.:IC'All or J'.nd bolng "I:Irll' p rtieulllrly d.t1crlbed
,IIY ...t,.. ."... l:-ou..cI... {ollo~. (.11 b...ln _ ,'e(oro"c.d t.o lh~
..n,,"..~nt.ed n..rll~ l",.'n~.ry ilin. oC tI,n hor.~n dP.ocl'lbed lr"c:l):
JF,r.1NN1NC .." .. \.f;:)" ilon i;od (ound lor lhf!lnorLh...l cC'lrner of
leid 12.~08 acr, trftct. .~..~ ~.in9 lho aOlll"o..t cornor ['If Lot 17
<;or lhe t:t....II'!1 !lubdlvl.lell,' rooc'l'dnd In Vol... 713. P.go 21. or the
. . I
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thl! north Jln~ ct th~l ceJL.in ~O-(onl wid 'OH.. ."rl No... Orlo.n~
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thE' H.r.ri. Cgun~y ~eed Re1...rdol
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.I~q ~ejng lhR ~orLhel.L dorner co{ &II1d 6.975 lIurp. trpcL, and
he'lng th~ oorthw"lil. cornp.~ of lhls tract. IlId .JS(\ be-lng In lh~
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north line of. ..Id ~O-/ooL wid, r.11r~Rd eaeemenl:
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IS~4,700 .qu.r~ {eell o( i.nd.
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~ -Y7.')~
__ ~Ld.I:."J:. __ _____ __ _ ___ _ __ _ ____ _ __ __.
Jeffrey N. Heck
nBglllered Pr~{.eBl~n.l Lllnd Surveyor
TeK'. Reglatrellon ~o. 438S
To.... 1.1"d SurveyJng CO~Pll"Y'
r.O. ~O~ S8lS ~Ra.don., TeM'. 77508
71)) <lA7-S118C'1
job No. 0::11 -001 Fobruary S. 1993
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"EXBIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
..
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"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in a!ea.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"BXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere wi th the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with Ci ty to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever-is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and city.
e
Apri124,2000
'City of La Porte
Established 18.9-2-..-.--.-- ---- .. ," '.....
, rQI ~ @- m ~ ~i ~ r~-~:
Il:~, l'i:',
I.~. "I'
II U' ! MAv - 4 2000 P !J f :
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I l___,____.______ ......--1 ;
ASST. Cl f"',' ;VI..:l.I'I;',G::R
L____..3:-:=fCJ:
NOCS Northwest, Inc.
Ann: Tax Department
P.O. Box 26308
New Orleans, LA 70.186
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Gentlemen:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
April 3, 2000. While reviewing the documents for completeness, we noticed only (1) c~py of the metes and
bounds legal description titled "Schedule 1" was furnished. With your concurrence we will re-title this
"Schedule 1" as "Exhibit" A." The City will then attach this re-titled exhibit to both originals of the IDA.
Also, your firm did not furnish Exhibit "B"., If you warrant that Exhibit "B" furnished for the previous
IDA (Series 1994-2000) is current, we will attach the previous Exhibit "B" to both originals. If changes
have occurred, please send us (2) copies no later than June I, 2000.
Please indicate your a<rknowledgement and agreement by signing and returning. Once these matters are
resolved we will present these documents to City Council for approval and we will return an original set to
you. If you have any questions or concerns regarding this matter call John Joerns at (281) 471-5020.
Thank you for your cooperation in this matter.
Sincerely,
Q~ T ~'--"
Robert T. Herrera
City Manager
Re-title Schedule "1" as Exhibit "A"
Use previous "Exhibit B"
New Exhibit "B" to be furnished
s:
o
A)ocs WEc::.;;- & tlt..,c
~ (Company)
By:
Name: LJ:J"$ i!1J=.4.JC.E:.- }1 ()LOAJ -/
Title: 1/ IA/~,(Ic€-.
Address: R t'). ADY L A ~08'
,vOl... A , o If'<. I.
No
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~
~ E M: ~4n :oe~
CllYMANAGER'S
OFFICE
P.O, Box 1115 . La Porte, Texas 77572-1115 . (281) 471~5020
e
City of La Porte
Established 1892
March 20, 2000
~ ~~~ ~ HJ ~fn1
IJU, ..\Wt - 3 2000 . ~
NOCS Northwest, Inc.
Attn: Tax Department
P.O. Box 26308
New Orleans, LA 70186
CITY MANAGER'S
OFFICe
\... . .
L-____:. ;.~:s...___._ ...
Gentlemen:
The City of La Porte and the committee representing industry have
reached final agreement on a form of Industrial District Agreement
for the seven year term commencing January 1, 2001. Copies of the
agreement are attached to this letter.
We also enclose a copy of the metes and bounds legal description
which was attached to your firm's current Industrial District
Agreement. Please review carefully, and revise as necessary to
reflect any additions or deletions to the legal description.
Please insert the proper corporate name and state of incorporation
on the first page, and the corporate name and the name of the
authorized officer executing the agreement, on the signature page.
Please attach Exhibit "A" and "B" legal descriptions to two copies
of the contract, and forward two fully executed copies of the
contract to the City of La Porte no later than May 1, 2000.
Executed agreements received by that date will be placed on the
city Council agenda of Tuesday, May 9, 2000, for formal approval.
Thereafter, your firm will be furnished with a certified copy of
the City's approval ordinance, and a fully executed copy of the
agreement.
We at the City of La Porte feel that the continuation of Industrial
District Agreements, which first commenced in the City of La Porte
in 1958, is mutually beneficial to the City and the nearly sixty
companies with which it has such agreements.
Thank you for your cooperation in this matter.
Yours very truly,
CITY OF LA PORTE
By: ~~T. ~
Robert T. Herrera, City Manager
RTH:sw
Enclosures
P,O, Box 1115 · La Pmte.Tex;Js 77572-1 115 · (713)471.5020
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ORDINANCE NO. 2000-IDA-09
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH TOH H.R., INC., FOR THE TED
COHHENCING JANUARY 1, 2001, AND ENDING DECEHBER 31, 2007; HARING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COHPLIARCE WITH THE OPEN HEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
TOM M.R., INC., has executed an industrial
district agreement with' the City of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor,' the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authoriz.ed and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and a~proval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
By:
CITY OF LA PORTE
~/
No a . Ma n,
Mayor
ATTEST:
.
LUttL
Knox W. ASkins,
City Attorney
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NO. 2000-IOA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
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IlmUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and Ie> 1-'1 J-1, R::.., rUG.
, a Tel(. A 'S corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable'measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, city has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the II Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, . Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibi~ "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City-referred to above, City and Company hereby agree
with each other as follows:
~INAL DRAFT: Pebruary 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and 'that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes' on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas LegiSlature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris county Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the un annexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
Nothing herein confined shall ever be interpr!d as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and incl1,1ding April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or' simil~r form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
'paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to 'City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes II on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
3
each yea~bY Cityis independent appr~ser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tanqible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
proqress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of city and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January'l, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be. removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and Ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. 'In
that event, . City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such:additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
NotWithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of( a) the total amount of ad valorem taxes on the
annexed portions, .plus (b) the total amount of the "in lieu o,f
taxes" on the unannexed portions of Company's hereinabove described
property whiCh would be due to City in accordance with the
5
foregoing provisi~ of this Agreement on the~asis
which shall be filed by Company.
of renditions
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for II in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher. '
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the U.S. District Court
for. 'the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant arid material evidence on that issue including
6
expert o~ion, and shall render its~itten decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner'as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
vOluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within.ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is, in effect1 which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In, the. event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
7
corporation or clltumstances shall be held4ltbY any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
To i-/} M. ,e" T/Jc..
( COMPANY)
~~.~a~g101~
GC"'Z> ~ e"e H..eA-<; 'SI'.JA-CC
P4..r5
(p ~ SA v.oy .sn=;-, Zod)()
Hot:..J, ~ no~ '7'")(' 77 ~ ;, ~
Name:
Title:
Address:
ATTEST:
~L{J.)/jLUI
Cl. Y Secretary
~~~_ LA_~~T~
By: ~
" N n L. a 0
Mayor
By:
G(J~,,~ To. ~~
Robert T. Herrera
City Manager
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281)471-1886
Fax: (281) 471~2047
8
liXlIlIHT "A"
, ~.
. Exhlba.'A" to agreemellt dnted dny of :rt
between I,A_TE, l'EX^~. n mllnlcil'nl cnrl'"rntlon of arrls
and RAC,SDALE DEVELOr~IF.Nr CORrORATIOtl. n Texas corporation,
, 1987,
County, Texas
TIl1\CT 110. 1
25.600 square feet of land, mo~e o~ less. out of the Enoch
Brinson I.eague. A-5, lIilrris County. Texas and being out oC
the Westerly portion of A tract described as Tract No. 1 to
R. G. Florance. Sr. in deed recorded in Volume 5451. page
65 of the Ifarris Count}' Deed Records and being more par-
ticularly described by metes and bounds as follows:
ST1\RTING at a ~oncrete monument marking the inter-
section of the Hesterly right-of-way of state
Highway 1<16 and the North line of the above men-
tioned .Tract No. J. sa id monumen t be Ing 2204.1\
feet North of the florth line of Block 30. Nebraska
Syndica te Trac t and a long the projec ted centerline
of 13th street and 5Gl.6~ feet East along an old
fence marking the North line of the above mentioned
Tract No. 1 for PLACE OF BEGINNING;
TI~NCE. West, 310.86 feet to an iron rod for corner;
TI~NCE~ ~outh, 100.00 feet to an iron rod for corner;
TI~NCE. East, 109.14 feet to an iron rod for corner
in the Westerly right-of-way of state Highway 146;
THENCE, N50D35'40"E, 157.53 feet along the '''esterly
right-of-way of state Uigh~.,a}r 146 to the PL1\CE OF
BEGINNING and containing 25.000 square feet of land,
more or less.
'l'Rl\CT NO. 2
22.079 square feet of land, more or less. out of the Enoch
nrinson J,eague, 1\-5, "",rris County, Texas and being out of the
W~sterly portion of a tract described as Tract No. 1 to R.
~. FlorAnce. Sr. in deed recorded in Volume 5451. page 6S of
the lIarris County Deed Records alld being niore partiCUlarly
d"?scribl'!tl by metes and bounds as follows:
S'f1\R'fING at an iron pipe marking the t10rthwest cor-
ner of the tract herein described, said iron pipe
being 2204.4 feet 1I0rth alon9 the projected centerline
of 13th Street from the north line of Dlock 30. Ne-
braska Syndicate 'rract and 30 feet. East of said
centerline;
'I11ENCE, East, 220.79 feet along an old fence marking
the North line of the above mentioned Tract No. 1 to
an iron rod for Northeast corner;
TI~NCE, South, 100.0 feet to an iron rod for South-
east corner;
TUEllCE. '''est, 220.79 feet to an iron rod in th~ EcJst
Right-of-WcJY of 13th Street (also known as Strang
n03d) for South~est corner;
TllEtlCE, North, 100.0 feet a long the E.-ast Right-of-H.1Y
1 in~ to the rLI\CE OF DEGltI:IItJG and con tel illing 22,079
':""1:1.1.0 feet of lLlnd, !narc or less,
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"BDIBIT B"
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(Attach Plat reflecting the ownership boundary lines; a
site layout; showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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EX~IBIT IIBII .
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"BXBIBI'l' e"
Page 1 of 2
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RULES AND RBGULA'l'IONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit II A II
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for, identifying
multiple businesses is allowable at the intersection of
improved public rights-Of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"BDIBIT e"
paqe 2 of 2
c) A screeninq plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years qrowth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere wi th the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 ·
landscape easement is not available or practical, Company
shall meet with City to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways " opening from, said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restr1ctive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject ,to the approval of both Harris County and city.
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TOM M. R., INC.
6200 Savoy, Suite 1200
Houston, Texas 77036
e
May 5, 2000
Mr. Robert T. Herrera
City Manager
City of La Porte
Box 1115
La Porte, Texas 77572-1115
fD) le C IE B VI rc rm
If\1 MAY'" 8 2000 l1!J
Re: Industrial ~istrict Agreement
CllY MANAGER'S
OFFICE
Dear Mr. Herrera:
I received today the enclosed Industrial District Agreement for the property at
18005 Highway 225, which is owned by Tom M. R., Inc. I am returning to you two
executed copies of the agreement
The legal description which is attached is correct for the property. I do not have
a plat of the property, as called for as Exhibit "B". However, please be advised the no
additional property has been acquired, nor have any improvements been added to the
property, which was entered into effective January 1, 1994.
Please call me if there are any questions.
Yours very truly,
Tom M. R., Inc.
~ J;-. .~,.--L
George M. Ragsdale
President
GMR:ac
Enclosures
(713) 785-7990
Fax: (713) 785-4250
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ORDINANCE NO. 2000-IDA-10
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMEH'1' WITH FINA OIL Ii CHEMICAL COMPANY,
FOR THE TERM COMKEHCING JANUARY 1, 2001, AND ENDING DECEMBER 31,
2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
FINA OIL & CHEMICAL COMPANY has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a pl~ce convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
~\~ U. Jttwl
Ma a A. Gillett
City Secretary
By:
CITY OF LA PORTE
~,;(~
Mayor
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NO. 2000-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDOSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of ~arris County,
Texas, hereinafter called "CITY", and hj,u~. Oa'l.. tl'!weW\\ eAL.Ce... ~4~l
, a "De.utuJIQ2~~ corporation, here~na ter
called "COMPANY", .
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the city of La Porte; Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La por-t::e; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this' Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City"'referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said. District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that city shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the'Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the TexaS Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by city, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of. the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in sUDsections 1, 2, and 3 of subsection D, of this
Paragraph III ( sometimes cOllectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.,31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ( "Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company"s Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improve~ents, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, .is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
, projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipmeht, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of ci ty 's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and Ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of city not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, '''plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached, agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to city by Company hereunder, or the tota1 assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that ,the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into ,a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is, in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the' event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
F~AD.~ A~n6enl' ~a.~~~~~~)
~~,,~
N~me: j.,l'L" () "e..L:S. IJf\
T~tle: M.JQ,t\4G-e.~ "Cor\T"R' DL'-&.e
Address: "'1>. o. OD..... :::L.~ ~ 9
-:\) 4t.... L.- .a...r.:. ""T.4:- .. S' 2:.. 'L- I
ATTEST:
'{{lJtJlj}lIJ,. O. d4~fJ
C t secretary.
By:
By:
G*'* T \-\~
Rober T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
...
EXHIBIT A
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PARCEL 1
All of that lot or parcel of land, containing 76.50 acres, more or less, in the
Arthur McCormick Survey, Abstract No. 46, Harris County, Texas, being a part
of that certain 736.37 acre tract conveyed to Phillips Petroleum Company and
designated "Tract A" in the deed dated April 4, 1956, and recorded in Volume
3132. oaoe 541. of the Deed Records of Harris County, Texas, and being a part
of that certain 75.57 acre tract conveyed to Diamond Shamrock Corporation
by Phillips Petroleum Company in deed dated September 30, 1970, and
recorded in Volume 8175. oaoe 159, of the Deed Records of Harris County,
Texas and being all of that certain 41 .11 acre tract conveyed to Diamond Alkali
Company (now, or formerly the Diamond Shamrock Corporation) by Alamo
Industries by deed dated August 1, 1967, and recorded in Volume 6866. oaoe
303, of the Deed Records of Harris County, Texas; and being the same
premises conveyed to ARCO Polymers, Inc. by Diamond Shamrock Corporation
by deed ("Deed") dated April 22, 1977, filed and recorded under County Clerk's
File No. F118266, Harris County, Texas; and being more particularly described
by metes and bounds as follows using grid bearings referred to in the Lambert
Projection of Texas, South Central Zone with "0" being equal to 1 degree 55'
13" at San Jacinto Monument, to wit:
BEGINNING at the point of intersection of the
centerline of State Highway No.1 34 (Battleground
Road) and the centerline of a 60 foot road known
as Miller Cut-Off Road, said point also being the
southwest corner of said 41.11 ~~re tra.ct;
THENCE North 20 29' West with the centerline of
State Highway No. 1'34 and the west line of said
41 .11 acre tract and the said 75.57 acre tract, at
650.00 feet the northwest corner of said 41.11
acre tract, at 1300.00 feet in all, to point for the
northwest corner of this tract;
THENCE North 870 28' East 2179.7 feet to a
point for the northeast corner of this tract, in the
northeast line of said 75.57 acre tract;
THENCE South 330 02' East with the northeast
line of said 75.57 acre tract and the northeast line
of, said 41.11 acre tract, at 754.4 feet the
northeast corner of said 41.11 acre tract, at
1508.8 feet, in all, to a point for the southeast
corner of said 41.11 acre tract, and this tract, i
the centerline of said Miller Cut-Off Road:
"
THENCE South 870 28' West with the centerline
of said Miller Cut-Off Road 2946.6 feet to the
PLACE OF BEGINNING, containing 76.50 acres of
land, more or less.
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PARCEL 2
11.29 acres, more or less, in the Arthur McCormick Survey, Abstract No. 46,
Harris County, Texas, being a part of that certain 220.28 acre tract conveyed
to Diamond Shamrock Corporation by Phillips Petroleum Company in Deed
dated May 30, 1972, and recorded in the Deed Records of Harris County,
Texas, under County Clerk's File No. D-605635 and Film Code 145-26-2538,
and being that certain parcel of land conveyed to ARCO Polymers, Inc., by
Diamond Shamrock Corporation in deed ("Second Deed") dated August 24,
1977, filed and recorded under County Clerk's File No. F270795, Harris
County, Texas, and being more particularly described by metes and bounds as
following using grid bearings referred to in the Lambert Projection of Texas,
South Central Zone with "0" being equal to 10 55' 13" at San Jacinto
Monument, to wit:
COMMENCING at a point in the centerline of a
sixty foot (60') road known as Miller Cut-Off Road
for the most southerly southwest corner of the
said 220.28 acre tract and the southeast corner of
that certain 41.11 acre tract conveyed by
Diamond Alkali Company (presently the Diamond
Shamrock Corporation) by Alamo Industries, Inc.,
by deed dated August 1, 1967, and recorded in
Volume 6866. oaoe 303, of the Deed Records of
Harris County, Texas, THENCE North 330 02'
West along the north,east line of ~~i~ 41. 11 acre
tract 338.71 feet to the beginning point of the
herein described 11.29 acre tract;
THENCE North 330 02' West along the northeast
line of said 41.11 acre tract and a 76.50 acre
tract 1170.09 feet to a point for the northeast
corner of said 76.50 acre tract;
THENCE North 870 28' East 615.00 feet to a
point for corner;
THENCE South 530 07' East 458.55 feet to a
point for corner;
THENCE South 250 06' West 809.34 feet to the
PLACE OF BEGINNING, containing 11.29 acres of
land, more or less.
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"EDI:BI:'l' B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipeline~ and railroads, and also showing areas of the
Land preyiously annexed by the City of La Porte.)
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MILLER CUT~OFF ROAD
FINAOIL
MILLER RD
AT BATTLEGROUND RD
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"EXHIBIT e"
paqe 1 of 2
RULES: AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to newsignage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT C"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases' of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative. '
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening' from said strip of land onto Fairmont
Parkway shall be approved by the Ci ty and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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FINAOil and Chemical Company
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May 2, 2000
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ASST. CITY MANAGER
OFFICE
Mr. John Jooms
City of La Porte,
P. O. Box 1115 .
LaPorte, TX 77572
Dear Mr. Joerns:
Enclosed are two sets of Exhibit B to the 2001-2007 Industrial District Agreement. One to be retained by
the City of La Porte and the other to be returned to Fina Oil and Chemical Company along with the fully
executed contract
Exhibit B contains two plats. One is the original metes and bounds and the second is the plot plan of the
facility indicating the annexed portions as well as the location of all improvements.
If you have any questions or required further information, please contact me at (972) 801-3912.
~er~
l Tulloch W~~
Supervisor
Ad Valorem Tax
6000 Legacy Drive
Piano, Texas 75024-3601
Post Office Box 2159
Dallas. Texas 75221-2159
Tel: 972.801,2000
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City Qf La Porte
Established 1892
April 26,2000
Ms. Joan E. Tulloch
Supervisor
Fina Oil and Chemical Company
P.O. Box 2159
Danas, Texas 75221-2159
Re: Industrial District Agreement (IDA). (Series 2001-2007)
Dear Ms. Tulloch:
Two executed originals of the Industrial District Agreement (IDA) were received from you
on April 25, 2000. We have noted that you requested Exhibit "B" and will forward the
exhibit to us when it is received. Once we receive this exhibit we will present these
documents to City Council for approval and we will retum an original set to you.
If you have any questions or concerns regarding this matter call John Joerns at (281) 471-
5020. .
Thank you for your cooperation in this matter.
Sincerely I
~~ -r: ~
Robert T. Herrera
City Manager
P.O. Box 1115 · La Perte, Texas 77572-11'15 · (281) 471-5020
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FINA Oil and Chemical Company
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April 17, 2000
fl~'D"--rn @rn u W"~--~-~!~
I .. .
IU I -25. Ujl
ASST. CITY MANAGER J
OFFICE :
Mr. Robert T. Herrera
City Manager
City of La Porte
P.o Box 1115
LaPorte, TX 77572
Dear Bob:
Enclosed are the two executed Industrial District Agreements for Fina Oil and Chemical Company.
I have requested a plat (your Exhibit B) and will forward to you once it is received.
Sincerely,
~~c:9~,,"~
fJo:: E. Tulloch .
Supervisor
Ad Valorem Tax
6000 Legacy Drive
Piano. Texas 75024-3601
Post Office Box 2159
Dallas. Texas 75221-2159
Tel: 972.801,2000
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ORDINANCE NO. 2000-IDA-11
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEHENT WITH VAN LEER CONTAINERS, INC.,
FOR THE TBRK COHHINCING JANUARY 1, 2001, AND ENDING DECEMBER 31,
2007; MAltING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEK MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
VAN LEER CONTAINERS, INC. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
ci ty for the time required by law preceding this meeting, as
required by the, Open Meetings Law, Chapter 551; Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
CITY OF LA PORTE
By: <!~~__
Mayor
ATTEST:
~ rJ.Amu
Mart,a . Gillett
City Secretary
AP?;J!;;t// .
Knox W. ASkins,
City Attorney
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NO. 2000-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
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INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and VA-tV Leo~ C6,vl-'ll toJ6e r :r;..c....
, a 1)<:LA__~r1..f corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the city of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively c~l:J.ed "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit liB", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said'City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City'referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, proyided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & .Safety Code, or other federal or state environmental
laws, rules or regulations, ,to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangib1e
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by city, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris Coun~y Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangiple personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of COmpany on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on company's
Property as of January 1st of the current calendar year ("Value
Year"). '
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, ~mprovements and tanqible personal
property in the unannexed area equal to the sum of:
1.. Fifty-three percent (53%) of the amount of ad valorem
taxes . which would be payable to ci ty if all of the
company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appra1ser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of city and appraised by City's independent
appraiser, in accordance with the applicable
provisions of. the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements,. and tangible personal property
'(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which.. would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and. products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax COde.
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended 'for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of company's property covered by
this Agreement; notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this,Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, ,..plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
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foregoing provisions
which shall be filed
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of this Agreement on the basis
by Company.
of renditions
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receivinq such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give stich notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each. year dur ing the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") ....shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
marke~ value of Company's property for calculation of the
"in lieu'i payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company,' and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is, in effect1 which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms' of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the. event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or t~e application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
r
\ti",
~T: .
1pt'~ t1.;b 1d
'City ecretary
AP~tU.~
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
~F LA PORTE
By: "'1I c---
/N r a~~~
Mayor
By: G~)I' ..;"~ T:. ~~~-
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
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"EXHIBIT A"
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(Metes and Bounds Description of Land)
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518-25-2449
. . !>
EXHIBIT "A"
TRACT.2
LEGAl. DESCRIPTION
A tract of land containing 9.765 acres being a part of Lots 13 and Lot 14, Strang Subdivision
according to the ma~ or plat recorded in Volume 75, Page 22 of the Deed RecorCfs of Harris
County, Texas, said 9.765 acre tract being a portion of tFlat same tract as per deed recorded
in Hams County Clerk's Fife Number E796776, all being out of and 0 port of the Enoch Brinson
Survey Abstract Number 5, Harris County, Texas, and being more particularly described by
metes and bounds os follows: .
. Commencing at a found brass cap rod in concrete marking the southeast corner of said lot 13, the
southwest corner of Lot 12: . .
Thence South 87 deg. 05 min. 47 sec. West along the south fine of lots 13 and 14 of said Strang
Subdivision for 0 distance of 1031.89 feet to a found 5/8 inch iron rod for corner marking the
southwest corner of said lot 14:
Thence North 03 deg. 00 min. 55 sec..,'f.est along the west line of said lot 14 for 0 distance of
130.54 feet to a 5/8 inch iron rod set'the Place .of Beginni~g:
. Thence North 03 deg. 00 min. 55 sec. West continuing along the west fine of said Lot 14 for a
alStance of 725.00 feet to a 1/2 inch iron rod found for corner in the South line of Strang Road,
based on a 50 foot width; ..
Thence North 87 deg.04 min. 55 sec. East along the south line of said Strong Road for 0
distance of 909.91 feet to 0 5/8 inch iron rod set for corner;
Thence South 03 deg. 08 ~in. 53 sec. East for 0 distance of 312.74 feet to a point for corner;
Thence South 87 deg. 04 min. 55 s,ec. West for 0 distance of 133.29 feet to a 5/8 inch iron rod
set for corner;
Thence South 03 deg. 08 min. 53 sec. East for a distance of 13.76 feet to 0 5/8 inch iron rod
set for corner:
Thence South 87 deg.04 min. 55 sec. West for a distance of 451.72 feet to a 5/8 inch iron rod
set for corner:
..
Thence South 03 deg. 08 min. 53 sec. East for a distance of 398.50 feet to 0 5/8 inch iron rod
set for corner;
Thence South 87 deg. 04 rhino 55 sec, West for. a distance of 326.58 feet to the Place of Beginning.
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"EXHl:BIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT C"
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crosSovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100 I strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development.' Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use" of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the Ci ty , that
inclUdes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification.signs.
For cases, of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's. Code of ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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ORDINANCE NO. 2000-IDA-12
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH NISSAN CHEKICAL HOUSTON
CORPORATION, FOR THE TERM COHHENCING JANUARY 1, 2001, AND ENDING
DECEKBER 31, 2007; HAltING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. NISSAN CHEMICAL HOUSTON CORPORATION has executed
an industrial district agreement with the city of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. The Mayor, the city Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
CITY OF LA PORTE
By: ~~~
a L. I ,
Mayor
ATTEST:
~/lJI1. AtkJ1
Mart a IL ' Gillett
City Secretary
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COUNTY OF HARRIS
{
{
{
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NO. 2000-IDA-~
STATE OF TEXAS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY-
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and NJ'ISA" CA&"deA./ U<ou (1',./11 CO"'HNd,'Ott
, a T 4.)" S corporat~on, hereina'fter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land Qeing more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City'.referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: Pebruary 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, "the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
-for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, apd tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of city's selection. The parties recognize that in
making such appr.aisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land:, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simil~r form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III ( sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tang~ble personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which. would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and ~aeh January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements ~ and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value' Year following completion of
construction, in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January '1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
,projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
.subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum 'of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as tQ all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, ..plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of company's hereinabove described
property which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filedQY Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to city by Company hereunder, or the tota1 assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case' of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year 'in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the 'same manner as provided by law for delinquent taxes.
VIII.
This Agreement' shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and ass igns ,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement. '
IX.
If City enters, into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect? which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and city agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
x.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein ,are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Aqreement. In the, event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
NlU4.11 C/1tbmt'ep..,( Hottstoflt Cejf;J.atlpl1
(COMP Y)
By: I"'~
NameY~I.L.""'''''' k:."d"
Title: 'P\oc,S"Jen.:t....
Address:j~~:AA8~-t:c ;?~r#'
ATTEST:
~(j tl' tJtf
c~t Secretar
By:
~tJ
nox W. Askins
City Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: a~ "T. ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 4'71~:2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
12.775 ACRES (556,506 SQUARE FEET)
NISSAN CHEMICAL HOUSTON CORPORATION
Being 12.775 acres (556,506 square feet) of land situated in the
George B. Mckinstry League, Abstract 47, Harris County, Texas.
and being all of that certain 2.7756 acre tract of land conveyed
to Nissan Chemical Houston Corporation by instrument recorded
under File Number S044318 and Film Code 509-41-0287 of the Harri~
County Official Public Records of Real Property and all of that
certain 10.00 acre tract of land conveyed to Nissan Chemical
Houston Corporation by instrument recorded under File Number
U115815 and Film Code 529-52-3613 of the Harris County Official
Public Records of Real Property: said 12.775 acres (556,506
square feet) of land being more particularly described by metes
and bounds as follows:
COMMENCING at the southwest corner of that certain 20.00 acre
tract of land conveyed to Chusei (U.S.A.) Inc. by instrument
recorded under File Number N291863 and Film Code 044-08-0907 of
the Harris County Official Public Records of Real Property and
being the northwest corner of that certain 100.00 acre tract of
land conveyed to ARCO Chemical Company by instrument recorded
under File Number M728181.and Film Code 182-70-1786 of the Harris
County Official Public Records of Real Property and also being 1n
the .east right-of-way line of Bay Area Boulevard, based on 150
feet in width and recorded under File Number C728214 and Film
Code 094-30-0042 of the Harris County Official Public Records of
Real Property;
THENCE N 01.00'45" W 40.01 feet, with the east right-of-way line
of said Bay Area Boulevard, to the most westerly northwest corner
of said 20.00 acre tract and being the PLACE OF BEGINNING and the
southwest corner of the herein described tract of land:
THENCE N 01.00'45" W 40.01 feet. with the east right-of-way line
of said Bay Area Boulevard, to the southwest corner of a 21.63
acre tract of land out of the residue of that certain 203.713
acre tract of land conveye~ to F.M.C. Corporation by instrument
recorded under File Number D123161 and Film Code 117-~7-0502 of
the Harris County Official Public Records of Real Property and
being the most westerly northwest corner of this tract:
THENCE N 81.26'12" E 776.32 feet to the southeast corner. of said
21.63 acre tract and being an interior corner of this tract:
THENCE N 01.00.'45" W 440.49 feet, witQ the east line of said
21.63 acre tract; to the southwest corner of the r~sidue oE that
certain 22.72 acre tract of land conveyed to Chusei (U.S.A.) Inc.
by instrument recorded under File Number U1158l3 and Pilm Code
529-52-3598 of the Harris County Official Public Record5 of Real
Property and being the mos.t northerly northwest corner of this
tract;
THENCE N 87.26'12" E 777.00 feet to the southeast corner of said
. .'
res~due of 22.72 acre tract. same be1ng the most nortberly
northeast corner of this tract and being in the west line of the
, rEfs i d'u e 0 f t hat c e r t a i rt C 2 0 . 00 a ere t r act 0 f --r and con v (~ y e d t 0
Chuse! (U.S.A.) Inc. by instrument recorded under File Number
N291863 and Fi~m Code 044-08-0907 of the Harris County Official
Public Records of Real Property:
THENCE S 01.00'45" E 336.21 feet, to the southwest corner of the
residue of said 20.00 acre tract and being an interior corner of
this tract;
THENCE N 79.51'37" E 454.54 feet to a corner in the south line of
the residue of said 20.00 acre tract and being a corner in the
north line of this tract;
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12.775 ACRES (556,506 SQUARE FEET)
PAGE 2
THENCE N 10008'23" W 30.00 feet to a corner in the south lin~ of
the residue of said 20.00 acre tract and being a corner in the
north line of this tract:
THENCE N 79.51"37" E 178.00 feet to a corner in the south line of
the ~esidue of said 20.00 acre tract alld being the most easL~rly
northeast corner of this tract;
THENCE S 10.08'23" E 300.00 feet to a corner in the south line of
the residue of said 20.00 acre tract and being the southeast
corner of this tract and also being in the north line of said
100.00 acre tract:
THENCE S 87"26'12" W 667.61 feet. with the north line of said
100.00 acre tract, to a southeast corner of the residue of said
20.00 acre tract and being a corner in the south line of this
tract;
THENCE N 01000'45" W 40.01 fCE!t to a northeast corner of tho
residue of said 20.00 acre tract and being a corner in the south
line of this tract;
THENCE S 87.26'12" W 1553.32 feet to the PLACE OF BEGINNING und
containing 12.775 acres (556,506 square feet) of land.
This metes and bounds description was compiled from deed c~J L~
and does not represent a boundary survey.
Texas Land Surveying, Inc.
P.O. Box 5825 Pasadena. Texas 7750H
(281.) 487-5880
Job No. 0388-0282 May 8. 2000
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"EXBIJlIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
.
"EXHIBIT e"
paqe 1 of 2
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RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the fo~lowing provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding. identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property'lines.
2. When Land, adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
.'.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
paqe 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the 'public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways' opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and city.
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NISSAN CHEMICAL HOUSTON CORPORATION
12330 BAY AREA BOULEVARD
PASADENA, TX 77507
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PHONE: 281-291-0200
FAX: 281-291-0936
f5) lCCrED'IErR\
lfU. MAY 2 6 2000 lW
May 24, 2000
City of La Porte
Robert T. Herrera
City Manager
PO Box 1115
La Porte., TX 77571
CITY MANAGER'S
OFFICE
Dear Sir:
Enclosed please find two originals of the Industrial District Agreement commencing from
01/01/2001. As EXHIBIT A and B, we have enclosed the following:
EXHIBIT A
1) Metes and bounds description for 12.775 acres
2) Warranty Deed for 2.775 acres
3) Warranty Deed 'for 10.000 acres
4) Road and Utility Easement
EXHIBIT B
1) Survey Report
Nissan Chemical now owns 12.775 acres. If you have any question, please contact to me
at 713-532-4745 (EXT106).
Sincerely,
f)~ net---
~ic~~ Dobashi '
Accounting Manager
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CITY OF LA PORTE
INTERO:FFICE MEMORA.NDUM
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June 20,2000
TO:
Mayor and City Council
FROM:
Jerry Clarke, Councilmember
.:r~ ~'C.. b~CRtt\
Bay Area Transportation Partnership (BA TP) - Membership
SUBJECT:
For the past year I have been serving as Council's appointment to the above
organization.
After serious deliberation, I find I cannot recommend we continue funding a portion of
this organization from our Economic Development Fund.
The Bay Area Transportation Partnership is doing good things that will benefit the
Clear Lake area. However, I do not believe this organization will be able to assist in
our immediate and future transportation needs.
JC:rmh
c: Robert T. Herrera
John Joems
~I~(OD ()etJltJd v'/o NDI Plr<{;
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ORDINANCE NO. 2000-
AN ORDINANCE APPROVING ~ AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE BAY AREA TRANSPORTATION PARTNERSHIP, TO
PROVIDE TRANSPORTATION MANAGEMENT SERVICES, FOR A TERM OF ONE YEAR;
APPROPRIATING $ , TO FOND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The term of the agreement shall be for one year. The
City M~nager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents. City Council
appropriates the sum not to exceed $
from the Economic
Development Fund, Account #036-6061-565-2075, to fund said
contract.
section 2. The City council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
folu!f; 0 01(I/I)J,t,JCX (Jr /J &r t-fs5
ORDINANCE NO. 2000-
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of June, 2000.
CITY OF LA PORTE
By:
Norman L. Malone,
Mayor
ATTEST:
Martha A. Gillett,
City Secretary
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REQUEse:rOR CITY COUNCIL AGE~A ITEM
Agenda Date Requested:
Requested By:
June 26. 2000
Dennis Hlavaty
Exhibits:
I)
2)
3)
Report
Sealed Bid #0806
Bid Tabulation
Bidders List
Department:
Resolution
Administration
xx
Ordinance
SUMMARY & RECOMMENDATION
Sealed bid #0806 for chemical and fertilizers to be used at the City of La Porte's Golf Course and Parks Maintenance Department
were opened and read on June 5, 2000. Bid requests were mailed to eight (8) vendors with two (2) returning bids.
Bids will be awarded in each section to the vendor meeting all required specifications.
Section Vendor Total
1. lnsecticides Turf Industries $7,914.20
2. Herbicides Turf Industries $12,413.21
3. Fungicides Turf Industries $16,837.60
4. Greens Grade Fertilizer TurfIndustries $5,202.40
5. Fairway Fertilizer TurfIndustries $15,402.00
6. Other Products Turf Industries $10,759.30
TOTAL $68,528.71
This is a less than 3% increase over the last bid.
Sufficient funds are available in the Golf Course Maintenance and Parks Maintenance budgets. Golf Course Maintenance will
provide 75% of the funding and Parks Maintenance will provide 25%.
Golf Course budget for chemical and fertilizers:
Parks Maintenance budget:
Total
$58,000.00
$26,600.00
$84,600.00
Staff recommends awarding bids in Sections 1 thru 6 to TurfIndustries, low bidder meeting all specifications.
Action Required by Council:
Award bid as recommended by Staff with one additional option year.
Availability of Funds:
xx
XX
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available:
Yes
Approved for City Council
~cM T. ~~
Robert T. Herrera
City Manager
l.,-'ao-oO
Date
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CITY OF LA PORTE
INTEROFFICE MEMORA~DUM
JUNE 7, 2000
TO:
FROM:
DENNIS HLAVATY, GOLF COURSE SUPERINTENDENT
S.USA~ KELLEY, PURCHASING MANAGER )~
SEALED BID #0806 - CHEMICALS AND FERTILIZER
SUBJ:
Advertised, sealed bids #0806 - Chemicals and Fertilizer were opened and read on June
5, 2000. Bid requests were mailed to eight (8) vendors with two (?) returning bids.
. .
Low bid. meeting specifications was submitted by Turf Industries. Using esti~ated ~
quar:ttities, the total ,Cost for the year would be $68, 528.71. Lesco, Inc. no-bid' several
items of all but one sectlon.
!his is less than a three percent (3%) increase over the last bid.
This contract would be for one (1) year with one (1 ).additional option year.
, .
Copies of the bids are attached fo,r ~?ur review.
, '
Please submit your recommendation with ari .agenda request fonn by th'e prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
Bid Copies
BID TABULATION
BID # 0806 ., CHEM.ICALS & FERTILIZER
LESCO, INC.
$9.15
NO BID
$7.95
NO BID
NO BID
NO BID
$855.00
TURF'
INDUSTRIES
$10.05
$46.98
$8.49
$159.50
$375.00
$70.26
$7,914.20
aTYI
50
20
.50
10
10
10
DESCRIPTION
SECTION I - INSECTICIDES'
1) ORTHO ORTHENE W.P.S. (LBS)
2) TURCAM (BAGS)
3) DYLOX (LBS)
4) AWARD FIRE ANT ~ILLER (BAGS)
5) CHIPCO CHOICE (BAGS)
p) PINPOING 15G (BAGS)
-
$16.90
$17.65
$41.35
$16:25
$72.30
$107.40
'NOBID
NO BID
$74.00
$8,688.85
$17.05
$17.55
$35.25
$1~.71
$75.60
$110.99
$35.50
$125.90
$86.68
$12,413.21
30
15
50
20
50
4
30
20
20
TOTAL
SECTION
SECTION II - HERBICIDES
1) BUENO SIX M.S.MA (GALS)
~) P.B.I. GORDON TRIMEC CLASSIC, (GALS)
3) ROUND-UP (GALS)
4) PRINCEP L1aUID (GALS)
5) SUFLAN (GALS)
6) ILLOXAN (GALS)
7) BARRICADE 65 WG (LBS)
8) BUCTRIL (GALS)
9) MANAGE (1.3 OZ CONT)
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$98.00
$292.50
NO BID
$267.30
$510.50
$3.40
$250.00
NO BID
$345.00
'13,870.00
$107.76
$294.00
$44.50
$269.00
$485.00
4.87
254.5
10.78
345
fl6,837.60
10
10
10
10
4
200
10
200
6
TOTAL
SECTION
SECTION
,
SECTION III - FUNGICII5ES
1) CHIPCO 26019 FLOWABLE (GALS)
2) BANaL (GALS)
3) DACONIL WEATHER STICK (GALS)
4) BANNER MAXX (GALS)
5) SUBDUE M~ (GALS)
6) PROTECT TIO (LBS)
7) RUBIGAN A.S. (GALS)
8) FORE RAINSHIELD 80 WP (LGS).
9) HERITAGE (LBS)
TOTAL
III
-
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TURF
QTYIINDUSTRIES I LESCO, INCI
- .
80 $17.65 $26.75
80 $19.78 $16.40
80 $24.50 $26.75
80 $3.10 .$8.00
- $5,202.40 $6,232.00
-
14 $638.80 NO BID
4 $305.20 $756.00
4 $247..00 $1,480.00
10 $351.00 $594.00
40 $1"8.50 NO BID
- $15,402.00 $14,884.00
-
30 $25.00 $41.20
30 $23.00 NO BID
30 $19.00 NO BID
30 $44.40 NO BID
10 $9.68 $4.26
20 $25.50 $23.0Q
10 $10.75 . $12.25
100 $30.50 $33."00
8 $334.75 NO BID
10 $97.50 NO BID
$10,759.30 $5,161.10
$68,528.71 $49,690.95
DESCRIPTION
SECTION IV - GREENS GRADE FERTILIZER
1) LANGE 17-03-19 (BAGS)
2) PAR EX IBDU 10-18-22 (BAGS)
3) REGAL 26-0-22 W170% NUTRALENE (BAGS)
4) AMMONIUM SULFATE 21-0-0 (BAGS)
: ; SECTION IV TOTAL
SECTION V - FAIRWAY FERTILIZERS
1) BONUS CR<?P 16-0-16 W/50% SCU (TONS)
2) BONUS CROP 18-6-12w/50% S.C.U. (TONS)
.3) BON':JS CROP 12--24-12 WATER SOLUBLE(TONS)
4) BONUS CROP 20-5-20 W/50% NUTRALENE (TONS)
'5) OSMOCOTE OR COMP 14-14-14 SLOW RELEASE (BAGS)
SECTION V TOTAL
SECTION VI - OTHER PRODUCTS
1) ALLIANCE ROOT ENHANCER(GALS) ,
2) MICROBE PLU-SOIL MICROBIAL INOCULANT (GALS)
3) MEGACAL 8-0-0 + 8% CALCIUM (GALS)
4) MEGA TURF SI O-o~15 + 1% CALCIUM (GALS)
5) NEUTRA CLEAN TANK CLEANER (GALS)
6) MARK-IT SPRAY INDICATOR (GALS)".
7) ACTIVATE PLUS STICKERlSPREADER(GALS)
8) OASIS LAKE DYE (GALS)
9) PRIMO WSB (CONTNRS)
10) NEMACUR 10% (BAGS)
SECTION VI TOTAL
GRAND TOTAL
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BIDDER'S. LIST
SEALED BID #0806 CHEMICALS & FERTILIZERS
ARROW-MAGNOLIA
2646 RODNEY LANE
DALLAS, TX 75229
BWI - COMPANIES INC.
1229 N POST OAK
HOUSTON, TX 77055
ESTES INCORPORATED
1075 W. SAM HOUSTON PKWY, STE 212
HOUSTON, TX 77043
VAN WATERS & ROGERS
P.O. BOX 4579
HOUSTON, TX 77210
LESCO,INC ,
~005 LAKE ROAD
, ROCKY RIVER, OH. 44116
SOUTHWEST FERTILIZERS
5828 BISSONNET
HOUSTON, TX 77081
TURF INDUSTRIES
5097 ASHLEY COURT
HOUSTON, TX 77041
SAN JACINTO ENVIRONMENTAL
2221A WEST 341H STREET
HOUSTON,.rx 77018'
CHAMBER OF COMMERCE
P.O. BOX 996
LAPORTE, TX n572-D996
BA YSHORE SUN PUBLISH DATES:
MAY 21,2000
MAY 28,2000
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O, BOX 1218
LA PORTE:. TEXAS 77572-1218
KNOX W. ASKINS
~OHN ~ ARMSTRONG
CHARLES R, HUBER. ~R.
BOARD CERTIF'IEO - CIVIL TRIAL LAW
TEXAS BOARD OF" LEGAL SPECIALIZATION
CLARK T. ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
Jupe 16, 2000
rrn~ClE~\'Urerm
1f11. JUN I 6 ZOOO lW
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
CATY MANAGER'S
OFFICE
Dear Mr. Herrera:
Enclosed please find attached a legal research memorandum by Clark
Askins addressing the issue of municipal power to restrict
commercial traffic hauling Non-Radioactive Hazardous Material
(NRHM) from using non-HAZMAT routes to reach truck terminals/
delivery points.
Regarding your question as to whether the City of Shore acres may
prohibit HAZMAT commercial traffic from departing New HWY 146 by
way of Shoreacres Boulevard to reach terminal facilities located
south of Shoreacres city limits, I believe that applicable Federal
regulations preclude this restriction. As is discussed in the
attached memo, I would note that Federal regulation S397.1(b) (4)
requires all states and municipalities to ensure through highway
routing for the transportation of HAZMAT. Any action by the City
of Shoreacres to restrict HAZMAT traffic down Shoreacres Boulevard
would in my opinion serve to disrupt through traffic, and
constitute a violation of Federal law.
Needless to say, the, City of Shoreacres may choose to enact an
ordinance prohibiting through traffic on Shoreacres Boulevard
despite any Federal restrictions, but I believe that such an
ordinance would run afoul of DOT regulations.
If I may be of further assistance to you in this matter, please do
not hesitate to call, me at my office.
JDA:sw
Enclosure
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City of La Porte
Established 1892
June 20, 2000
The Honorable Wayne Gamble
Mayor
City of Shoreacres
601 Shoreacres Boulevard
Shoreacres, Texas 77571
RE: Vintage Petroleum, Inc.
VIA FAX #281-471-8955
Dear Mayor Gamble:
Please be advised that at the June 26, 2000, La Porte City Council Meeting, the Council will
workshop an item concerning Vintage Petroleum, Inc.
As you know, this company owns a business outside of your city limits and transport trucks come
to their site for pick up and delivery of crude oil and salt water.
I am enclosing an interoffice memorandum I sent to the La Porte City Council and a legal opinion,
from our City Attorney's office, with regard to Vintage Petroleum, Inc,'s use of public roadways.
You are welcome to attend the June 26 meeting if you desire. If you can not attend, I will call you
after the meeting and pass on to you any decision the La Porte Council may make.
Sincerely,
G\~ T. \-\~
Robert T. Herrera
City Manager
RTH:rrnh
Enclosures (3)
c Mayor and City Council
John Joerns, Assistant City Manager
Lynn D. Fees, Manager - Vintage Petroleum, Inc.
George Alexander - Port of Houston
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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CITY OF LA PORTE
June 8, 2000
TO:
Mayor and City Council
FROM:
Robert T. Herr~ City Manager
~TH~
Vintage Petroleum, Inc.
SUBJECT:
Yesterday, I was asked by Mayor Wayne Gamble of the City of Shoreacres to attend a meeting at
their City Hall. One item on his agenda was to meet with representatives of the above company.
Vintage Petroleum Inc. is faced with a unique and complex problem. They lease property from the
Port of Houston that is located on the north side of the Bayport Turning Basin and abuts the City of
Shoreacres city limits. They are in Harris County, or Pasadena, as best I can tell. from this
location, they transport crude oil and saltwater. Crude oil is considered to be a hazardous cargo
and thus the problem occurs.
Both the Cities of La Porte and Shoreacres have an ordinance that dictates the travel of hazardous
truck traffic in each of our respective cities. Vintage Petroleum Inc. claims they have used
Wharton Weems Blvd. as their truck route to the site from 1994 until November of 1999, when the
La Porte Police Department told them to stop this route and to use Shoreacres Blvd.
The City of Shoreacres, having a similar ordinance as La Porte's, which pertains to hazardous
cargo, has told the company they cannot use Shoreacres Blvd.
I felt inclined to work with the company on an interim basis until I can visit with you. Vintage
Petroleum personnel were quite willing to work with the City of Shoreacres on resolving this
conflict.
It would seem to me that simply to tell them "no" may violate interstate/intrastate commerce traffic
laws. I believe that they may be entitled to use a public road, which is nearest the location to where
they will load and unload. If this is the case, then Shoreacres Blvd. may be the appropriate route.
Since Vintage's place of business is outside our city limits and they do not have to travel through
our City to get to their work location I do not see their problem with Shoreacres becoming ours. I
am concerned about subjecting our population to this transport business. If Vintage continues to
travel on Old S.H. 146 they must pass by homes, apartments, and an elementary school. I will
have staff research the legal boundaries of this issue and then schedule a workshop meeting.
RTH:cjb
c John Joerns
Richard Reff
Joe Sease
John Armstrong
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CITY OF SHOREACRE.~
MUNICIPAL COURT
eo1 SHOREACRES BOULEVARD
SHOREACRES. TEXAS 77571
.(281) 471-334'0 .
"A COMMUNITY OF BEAUTIFUL HOMES ON GALVESTON BAY~
HOME OF THE HOUSTON Y~HT a.U8
MAYOR
Wayne Gamble
COURl' CLERK
Shari Tait
June 26, 2000
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Via Fax # (281) 470-7650
Attn. : Honorable Mayor Norm.an ,Malone'
Re : Vintage Petroleum
Dear Sir,
Unfortunately, I will be unable to attend your council meeting this evening
due to a conflict with our own scheduled council meeting. Thank you for sending
your opinion of the hazardous materia is route. Lester Rorick, our City Attorney,
has reviewed that information. A letter which he wrote to Tx DOT follows. After
we receive thalinformation, we will proceed as needed.
In reference to 397.71 (b) (7) citieS must allow for Haz Mat travel to
legitimate destination points. Most streets in Shoreacres dictate the travel for
hazardous truck traffic per city ordinance, as does those in La Porte. Travel to
the Vintage Petroleum site originates within La Porte City limits an~ ends at the
La Porte City limits at North and South Shady Lane Streets. Given that there has
been "thru trucks" traffic on La Porte roads to this site since 1994, without
incident, it Is inConceivable to us that at this point and time, the City of La POrte
would initiate travel restrictions to legitimate destination points. It is intere~ting to
note that the travel route to the Vintage Petroleum site from southbound Hwy.
146 is considerably shorter using La Porte roads than those in the City of
Shoreacres. '
" ., . 6-26-200 5: 12PM
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We look forward to meeting with you at your convenience to discuss what
will become an ever increasing traffic problem involving both cities due to the
Port Expansion.
Respectfully.
~1e4cJL
Mayor. City of Shoreacres
Cc: La Porte City Council
Robert Herrera, La Porte Cio/ Manager
~ 6-26-200 5:12PM
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Roy D. Mea~e
l.t!srl!' C. Rorit*-
MEASE & RORICK, p.e.
AUDracys at Law ,
4Q08 Vi.w Rotld. Saire il-200'
. Pasadt1ll1., Teras m04
(71.') 047.BMJI
(7lJ) 947-7977 ft;a
JUDe 22, 2000
Susan Hood
P.O. Box J386
Houston, Texas 77251
facsimile: (713) 802-S0S7
RE: Establishment of Hazmal Routes
D~r Mil. Hood:
The purpose of Ibis Ietiel' is co request a copy of the following;
· {iederal Highway Administration Guidelines for Applyiag Criteria to Designate
Routes for Transponing Hazardous Materials
· TXDOT Non-Rad~ve Hazmln Routing Procedu~ for <<he State of T~
, understand that there will be a fee for the =ntioned materials. 'Please nOtify ,the
undersigned of that amuunt and I will see that it is promptly remilied.
Thank you for your every courtesy and the GREAT HELP r.ha1 you've been in getting
my City stamd on the right tcack in Ibis Illata.
Very cruly yours.
MEASE~ ~'J'J?,:(p.c.
By; t V\~
LESTER G. RORICK.
City Attorney. City of Shoreacres. Texas
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CITY OF LA PORTE
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June 21,2000
TO:
FROM:
Mayor and City Council
~RObert T. Herrera, City Manager
SUBJECT:
Workshop Agenda Item
To be discussed during this workshop are items related to the City Charter as raised by
Councilmember Gay.
RTH/mg
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P,O, BOX 121B
LA PORTE, TEXAS 77572-1218
KNOX W, ASKINS
.JOHN C, ARMSTRONG
CHARLES R. HUBER. .JR.
BOARD CERT'F"EO .. CIVIL TRIAL LAW
TEXAS BOARO OF LEGAL SPECIALIZATION
CLARK T. ASKINS
TELEPHONE 2BI 471-1BB6
TELECOPIER 2BI 471-2047
June.5, 2000
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
Re: Council Expense Reimbursement
Dear Mr. Herrera:
You have requested my opinion on the question of reimbursement to
the Mayor and City Councilpersons, for expenses which they
reasonably incur in the performance of their duties.
Section 2.05, "Compensation", of the Home Rule Charter of the City'
of La Porte reads as follows:
"2.05 Compensation.
Each councilperson and the mayor shall receive for his
services a salary in an amount determined by the council,
not to exceed the sum of twenty-four hundred dollars
($2,400.00) per year for the mayor, and twelve hundred
dollars ($1,200.00) per year for each councilperso,n."
This 'provision of the Home Rule Charter provides the mayor and
councilpersons with a salary for services.
In addition, I have advised City Council that it may reimburse to
the Mayor and Councilpersons, 'expenses which each of them may
reasonably incur in the performance of their duties, as budgeted by
City Council.
In establishing guidelines and criteria as to what constitutes
reasonable expenses, I have likewise advised city management and
City council, to follow Internal Revenue Service Code provisions
applicable to businesses, for reimbursement of employee expenses.
In the case of automobile expenses, IRS guidelines provide for two
methods of reimbursement. The first is reimbursement for
automobile mileage. The current allowable reimbursement is 32.5C
per mile. The other allowable method of reimbursement, is by a
monthly automobile allowance. A monthly allowance should be
calculated to cover the business portion of the vehicle.expenses,
and should include depreciation, repairs and upkeep, insurance and
fuel expenses.
a"
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Ae. INS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
Mr. Robert T. Herrera
June 5, 2000
Page 2
The decision to provide the Mayor with a monthly car allowance is
a policy decision within the authority of the "City Council and is
not in conflict with the City Charter.
IRS regulations also allow for reimbursement for meals. and lodging
expenses incurred in traveling on company business, parking
expense, rent car expense, and the like.
In summary, it is my opinion that the City of La Porte's practice
of reimbursing the Mayor and Councilpersons for their expenses
reasonably incurred in,the conduct of City business, as budgeted by
City Council, is legally permissible. Such expenses should be
properly logged and receipted, and submitted to the City's Finance
Department for reimbursement.
w. Askins
Attorney
of La Porte
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Memorandum
To: John Armstrong
From: Clark Askins
Date: June 15, 2000
You have asked me to research Federal and State regulations applicable to the
routing of hazardous materials, specifically whether a municipality has the power to
prevent commercial vehicles with hazardous cargo from reaching a terminal or delivery
point off a HAZMA T route.
The controlling law governing the authority of states or political subdivisions to
enact HAZMAT routing designations is the "Hazardous Materials Transportation Act",
(HMTA) 49 U.S.C., ~1801, et seq. Among other things, the HMTA establishes
guidelines for the Department of Transportation (DOT) in its promulgation of rules and
regulations to be followed by states or political subdivisions when HAlMA T routes are
created. ~1804 (b) (1) of the HMTA grants States the authority to "establish, maintain,
and enforce (A) specific highway routes over which hazardous materials may and may
not be transported by motor vehicles in the area which is subject to the jurisdiction of
such State or Indian tribe, and (B) limitations and requirements with respect to highway
routing". .
~1804 (b) (3) enumerates the specific standards to be followed by the DOT in its
enactment of regulatory guidelines for States and political sutldivisions. These include
requirements that States consider 1) Enhancement of Public Safety; 2) Public
participation, 3) Consultation with other governments, 4) Through routing, 5)Agreement
of other States and Burden on commerce, 6) Timeliness, 7) Reasonable routes to '
terminals, 8) State responsibility for local compliance, and 9) that the following factors
are considered when enacting route designations: population density, type of highways,
type and quantities of hazardous materials, emergency response capabilities, results of
consultations with affected persons, exposure and other risk factors, terrain
considerations, continuity of routes, alternative routes, effect on commerce, and delays
in transportation.
The regulations promulgated pursuant to these guidelines are found in part 397,
49 Code of Federal Regulations. The most applicable provisions of these regulations
are found in ~397.69 and ~397.71. Importantly, ~397.69 notes that "any highway
designation affecting the highway transportation of hazardous materials of (Non-
radioactive Hazardous Materials-(NRHM)), made by a political subdivision of a State is
considered as one made by that State..." This provision also directs all States enacting
HAlMAT routes to Comply with ~397.71, which lists the Federal standards to be
followed. These standards are in fact a verbatim list of the standards listed above
contained in ~ 1804 (b) (3) of the HMT A. Obviously the most relevant standards to our
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question are 4) through routing, 5) Agreement of Other States/Burden on commerce,
and 7) Reasonable routes to terminals and other facilities.
Federal Standard #7 (~397.71 (b) (7)) provides that the State "shall provide
reasonable access for motor vehicles transporting NRHM to reach: 1) terminals, 2)
points of loading, unloading, pickup and delivery, and 3) facilities for food, fuel, repairs,
rest, and safe havens". This regulation adds that the State "shall use the shortest
practicable route considering the factors (listed in ~397.71 (b) (9))", when providing for
reasonable access to and from designated routes. These extra factors are listed above
as a part of the HMTA guidelines, factor #9. (This means that the State or political
subdivision should consider factors such as population density, type of highway, risk,
etc, when designating a off-route exception for pick-up and delivery.)
In essence, ~397.71 (b) (7) does not allow a state or political subdivision to
prohibit a commercial vehicle from deviating from a HAZMA T route to travel to a
terminal or pick-up/delivery point. Noteworthy is the fact that the regulation does not
distinguish between terminals/destination points inside or outside the municipality's
jurisdiction. If the regulation only required that HAZMAT routes provide reasonable
access to a point of destination in an adjoining jurisdiction, one might argue that the
intent of the regulation was to allow a municipality to prohibit HAZMA T trucking on
certain roads altogether (as long as vehicles could travel through the jurisdiction).
However, without language to this effect the only reasonable interpretation of this
regulation is that municipalities must allow for off-route travel to and from legitimate
destination points.
Standard 5 (~397.71 (b) (5)) prohibits any HAZMAT routing designations which
affect another State if it has the result of unreasonably burdening commerce. Even
assuming other provisions of the DOT regulations allowed municipalities to restrict off-
route travel to destination points, this particular regulation has to potential to torpedo
a!1y such restriction. The argument could be made by another State or private entity
adversely impacted ,by sU,ch a municipal restriction that the inability of commercial traffic
to access terminals/loading points unduly burdens interstate commerce. Overcoming an
interstate commerce claim would likely be extremely difficult, especially in a highly
industrialized area like southeast Harris County. Based on Standard 5, and the
mandatory "shall" language in Standard 7, even a showing by a municipality that no
other alternative off-route roads were available would not overcome objections to the
restriction.
Finally, Standard 4 (~397.71 (b) (4) requires a municipality to ensure ''Through
Highway Routing" for the transportation of NRHM. This regulation provides that a
routing designation guarantee "continuity of movement so as to not impede or
unnecessarily delay the transportation of NRHM". A possible interpretation of this
language against a municipality's complete restriction of off-route travel is that the
inability to quickly and efficiently deliver or pick-up HAlMA T "impedes or delays" the
transportation of HAZMA T.
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CITY OF LA PORTE
PUBLIC WORKS
DEPARTMENT
Memo
roJ ~~lC~\YJrerm
lfU, JUN 1 9 2000 lW
To: Robert T. Herrera, City Manager
From:steve Gillett, Director of Public Works ~
CC: John Joerns, Assistant City Manager
Date: 06/19/00
CllY MANAGER"
OFFICE
Re: Traffic Humps
The City of La Porte received four (4) requests for traffic humps in April 2000.
Requests were received from South Lobit, Mission Drive, Glenvalley Drive and
Sycamore Drive South. The request for Mission Drive (less than one block) did not
meet the Traffic Hump Policy requirements, and the residents declined to amend
their application. Affected residents were notified by door hanger of the requests,
and advised of an informational meeting to be held on May 16, 2000.
In accordance with the Policy approved by Council, an informational meeting was
held on May 16, 2000 at 6:00 PM in the council chambers of City Hall to inform
affected residents of the requests. A total of eight citizens attended, along with
Mayor Malone, Councilman Charles Engelken, a reporter from the Houston
Chronicle This Week, and two (2) staff members. Staff answered questions and
petitions were distributed to the applicants. All applicants had at least one
representative present. South Lobit and Glenvalley residents requested Friday
counts, and Sycamore Drive South residents requested a Saturday count. The
South Lobit representative later requested the count to be performed on Wednesday.
All counts were performed on'the day requested.
Petitions were received from all three (3) applicants. Petitions received were
checked and verified, and all applicants turned in the required number of signatures.
Traffic counts were scheduled In the order petitions were received. Per the Traffic
Hump Policy, 85th percentile speed must exceed 35 mph to qualify for traffic hump
installation. Listed below are the results of traffic counts performed.
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South Lobit - East Main to East ~ Street
VVednesday, June 14,2000
85th percentile 31.66 mph
Glenvalley Drive - Valleybrook Drive to Glen Meadows Drive
Friday, June 2, 2000 85th percentile 36.32 mph
Sycamore Drive South - 10828 to 10849 Sycamore Drive South
Saturday, June 18, 2000 85th percentile 22.95 mph
All applicants have been notified. Two (2) traffic humps are scheduled for installation
this week on Glenvalley Drive. If I can answer any questions, please advise.
. Page 2
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City of La Porte
Es tablished 1892
June 6, 2000
Ms. Rene' Morgan
5206 Glenvalley Drive
La Porte, Texas 77571
Re: Traffic Hump Application
Dear Ms. Morgan:
The City of La Porte conducted a traffic study on Glenvalley Drive between Valleybrook
Drive and Glenmeadows Drive to determine if traffic humps were warranted, as outlined
in the City of La Porte's Traffic Hump Policy. The counts were performed over a
twenty-four hour period on Friday, June 2,2000. Copies of the study results are
enclosed.
Although three counter locations indicated no speeding problems, one location, 5214
Glenvalley Drive, had an average 85th percentile speed of 36.32 MPH. Per the Traffic
Hump Policy, the installation of two (2) traffic humps on Glenvalley Drive between
Valleybrook Drive and Glenrileadows Drive is justified, and installation will be
scheduled in the near future. If you have any questions, please contact me at 281-471-
9650. ' .
Sincerely,
~b&r,
Steve Gillett
Director of Public Works
Enclosure
C Robert T. Herrera, City Manager
John Joems, Assistant City Manager
P.O. Box 1115,' La Porte. Texas 77571-1115 . (281) 4 71-50~O
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City of La Porte
Established 1892
June 19,2000
Ms. Barbara Norwine
202 South Lobit
La Porte, Texas 77571
Re: Traffic Hump Application
Dear Ms. Norwine:
The City of La Porte conducted a traffic study in the 100 through 500 block of South
Lobit to determine if traffic humps were warranted, as outlined in the City of La Porte's
Traffic Hump Policy. The counts were performed over a twenty-four hour period on
Wednesday, June 14,2000. Copies of the study results are enclosed. The Study
indicated an average 85th percentile' of 31.66 mph, which is below the minimum 35 mph
required for traffic hump installation.
A new request for traffic humps may not be submitted of one (1) year. If you have any
questions, please feel free to contact me at 281-471-9650.
Stev illett
Director of Public Works
Enclosure
C Robert T. Herrera, City Manager
John Joems, Assistant City Manager
P.O. Box 1115 . La Porte, Texas 77572-1115 · (281)-471-5020
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City of La Porte
Established 1892
June 19,2000
Mr. Wesley 1. Fojt
10838 Sycamore Drive South
La Porte, Texas 77571
Re: Traffic Hump Application
Dear Mr. ,Fojt:
The City of La Porte conducted a traffic study from 10828 to 10849 Sycamore Drive
South to determine if traffic humps were warranted, as outlined in the City of La Porte's
Traffic Hump Policy. The counts were performed over a twenty-four hour period on
Saturday, June 18,2000. Copies of the study results are enclosed. The Study indicated
an average 85th percentile of22.95 mph, which is below the'minimum 35 mph required
for traffic hump installation.
A new request for traffic humps may not be submitted of one (1) year. If you have any
questions, please feel free to contact me at 281-471-9650.
Sincerely,
sre~
Director of Public Works
Enclosure
C Robert T. Herrera, City Manager
John J oems, Assistant City Manager
P.O. Box 1115. La POlte, Texas 77572-1115. (281) 471-5020